Kidnapping And Abduction Case Law

Question 1

Case law relating to taking away and detaining

Answer 1

R v Crossan, taking away and detaining are separate and distinct offences.

Question 2

Case law relating to ‘taking away’

Answer 2

R v Wellard, deprivation of liberty coupled with a carrying away from the place the victim wants to be

Question 3

Detaining case law

Answer 3

R v Pryce, active concept meaning to keep in confinement or custody. Contrasted to the passive concept of harbouring

Question 4

Consent case law

Answer 4

R v Cox, consent must be full, voluntary, free and informed.

Question 5

Case law relating to intent in kidnap/abduct cases

Answer 5

R v Mohi, the offence is committed at the time of taking away, so long as there is necessary consent. Not necessary to show intent was carried out

Question 6

Case law relating to proof of age

Answer 6

R v Forrest and Forrest, the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 7

Case law relating to possession

Answer 7

R v Cox, possession involves two elements. First element is physical, actual or potential control. The second is mental element, knowledge that substance is in his possession, and an intention to exercise possession