important case law kidnap Flashcards
R v Sturm
To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime Application: stupefy
R v Crossan
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Application: incapable of resistance
R v Wellard
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
Application: kidnapping (takes away)
R v Pryce
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over.
Application: kidnapping (detains)
R v Mohi
The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out. Application: kidnapping/abduction - offence complete
R v Chartrand
“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point”.
Application: abduction (young person)
To stupefy means to cause an effect on the mind or nervous system of a person which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime Application: stupefy
R v Sturm
Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.
Application: incapable of resistance
R v Crossan
The essence of the offence of kidnapping is the “deprivation of liberty coupled with a carrying away from the place where the victim wants to be”.
Application: kidnapping (takes away)
R v Wellard
Detaining is an active concept meaning to “keep in confinement or custody”. This is to be contrasted with the passive concept of “harbouring” or mere failure to hand over.
Application: kidnapping (detains)
R v Pryce
The offence is committed at the time of the taking away, so long as there is, at that moment, the necessary intent. It has never been regarded as necessary … that the Crown should show the intent was carried out. Application: kidnapping/abduction - offence complete
R v Mohi
“Whether the defendant may have had an innocent motive, or intended to interfere with possession for a very short time is beside the point”.
Application: abduction (young person)
R v Chartrand
