Abduction & Kidnapping

Question 1

Explain Sullivan V “Remote guns” Early of Caithness

Answer 1

Possession includes not just those who have physical custody of firearms but also those of who have control over them remotely.

Question 2

Explain R v “Guardian” Chartrand

Answer 2

It is sufficient that the taker knew or foresaw that his actions were likely to deprive the parent or guardian of the ability to exercise control over their children.

Question 3

Outline the “Abducting Youth” offences

Answer 3

Section 210(1) or (2) CA61

(1)
- everyone is liable for 7 years imprisonment, who
- with intent to deprive a parent/guardian of the Young Person and
- unlawfully take/detain/entice away the young person

(2)

• everyone is liable for 7 years imprisonment, who
• receives a Young Person
• knowing that they have been unlawfully taken/detained/enticed away with intent to deprive the parent/guardian of the Young Person

Question 4

What is the “Good Faith” defence?

Answer 4

Section 210A CA 61

A person who claims in good faith a right to the possession of the Young Person, cannot be convicted under 209 because they get possession of the Young Person.