Kidnapping And Abduction

Question 1

Unlawfully

Answer 1

Without lawful justification, authority or excuse

Question 2

R v crossan

Answer 2

TAKING AWAY and DETAINING are separate and distinct offenses. The first consists of taking the victim away the second of detaining them.

Question 3

R v wellard, Hint Meaning for kidnapping

Answer 3

Kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be this is the takes away case law

Question 4

R v pryce

Answer 4

Active consept meaning to keep in confinement or custody this is to be constructed in the passive concept of harbouring or mere failure to hand over

Question 5

R v cox

Answer 5

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

Question 6

Intent

Answer 6

Intention to commit and act and secondly an intention to get a specific result

Question 7

Elements for kidnapping

Answer 7

Section 209a ca61
Unlawfully 
Takes away
A person
Without her consent 
With intent to hold for ransom

Question 8

Intents for abduction

Answer 8

S208 ca
A with intent to cause him or her to go through civil union or marriage
B with intent to have unlawful sexual connection with him or her
C with intent to cause him or her to go through civil union or marriage or unlawful sexual connection with some other person

Question 9

Section for kidnapping

Answer 9

S209 ca61

Question 10

Consent

Answer 10

Is a person’s conscious and voluntarily agreement to something or proposed by another

Question 11

R v mohi

Answer 11

The offence is committed at the time of 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 that intent is carried out

Question 12

R V COX

Answer 12

THIS IS THE PHYSICAL ELEMENT BROKEN INTO ACTUAL POSSESSION OR POTENTIAL POSSESSION AND THE SECOND ELEMENT IS MENTAL, THAT IS KNOWLEDGE AND INTENTION TO POSSES THE ITEM.

Question 13

R V FOREST and FOREST

Answer 13

Best evidence for age must be provided EG birth cert and person who can ID child parent.

Question 14

What are circumstantial evidence can be used to prove an offenders intent

Answer 14

1: The offenders actions and words before, during and after the event.
2: The surrounding circumstances EG Premeditation, CADD of evidence.
3: The nature of the act itself.