Kidnapping/Abduction Flashcards
Abduction
S208(a), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(a)GTAFOMOCU
Abduction
S208(b), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(b)HSCWTP
Abduction
S208(c), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(c)CTPTGTAFOM/CU/THSCWSOP
Kidnapping
S209(a), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(a)HHOHFR/TS
Kidnapping
S209(b), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(b)CHOHTBC/I
Kidnapping
S209(c), CA1961
U
TA/D
AP
WTC/WCOBFOD
WIT
(c)CHOHTBSOTOONZ
Abduction of a YP < 16
S210(1), CA1961
WITD:AP/G/OPHTLCOCOAYP
OTPOTYP
U:TA/EA/D
TYP
Abduction of a YP < 16
S210(2), CA1961
R
AYP
KTHOSHB:UTA/EA/D
WITD:AP/G/OPHTLCOCOHOHOTPOHOH
R v Crossan
Taking away and detaining are separate and distinct offences.
R v Wellard
Taking away is the deprivation of liberty coupled with carrying away from where the victim wants to be.
R v Pryce
Detaining is an active concept meaning to keep in confinement or custody.
R v Cox
(Possession)
Possession involves two elements.
1) Physical - actual or potential physical custody or control.
2) Mental - combination of knowledge and intention.
Knowledge is the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of age.
R v Mohi
The offence is complete at the time of the taking away, provided the necessary intent is contemporaneous.
Prosecution need not prove the intent was carried out.