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6 Cards in this Set
- Front
- Back
- 3rd side (hint)
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R v Cox |
Possession involves two elements, the physical element - actual custody or control The mental element - a 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 |
Elements |
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R v Crossan |
Taking away and detaining are separate and distinct offences the first for taking away of the victim the second detaining her for taking away was complete when the prisoner took the woman away against her will. Then having taken her away he detained her against her will and his conduct in detaining her constituted a new and different offence |
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R v Wellard |
The essence of the offence of kidnapping is the deprivation of liberty coupled with a carrying away from the place where the victim wants to be |
Deprivation |
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R v Pryce |
Detaining is an active concept meaning ‘to keep in confinement or custody’. this is to be contrasted to the passive concept of ‘harbouring’ or me or failure to hand over |
Detaining |
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R v cox |
Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement |
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R v Mohi |
The office 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 the intent was carried out. |
Mo- he - didn’t |
