KIDNAPPING/ABDUCTION Case Law

Question 1

R v Chartrand

Answer 1

Whether the defendant may have had innocent motive, or intended to interfere with possession for a very short period of time is beside the point.

Question 2

R v Crossan

Answer 2

Take away and detaining are separate and distinct offences. the first consists of taking the victim away, the second of detaining them.

Question 3

R v Wellard

Answer 3

The essence of the offence of kidnapping is the depravation of liberty coupled with a carrying away from the place where the victim wants to be.

Question 4

R v Pryce

Answer 4

Detaining is an active meaning to keep in confinement or custody. this is to be contrasted to the passive concept of harbouring or mere failure to hand over.

Question 5

R v Cox (Consent)

Answer 5

Consent must be full voluntary, free and informed… freely voluntarily given by a person in a position to form a rational judgement.

Question 6

R Mohan

Answer 6

Intent - A decision to bring about, is so far as it lies within the accused power, the commission of the offence.

Question 7

R v Waaka

Answer 7

Intent - A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect the act.

Question 8

R v Mohi

Answer 8

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.

Question 9

R v Cox

Answer 9

Possession in valves two elements. the first often called the physical element, is actual or potential physical custody or control. The second, often described as the mental element.. is combination of knowledge and intention: knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise possession.