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7.4.17.2 - Checklist: False Imprisonment

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Three elements the prosecution must prove beyond reasonable doubt:

1. The accused deprived the complainant of his or her liberty; and

2. The accused intended to deprive the complainant of his or her liberty; and

3. The deprivation of liberty was unlawful.

Deprivation of Liberty

1. Did the accused deprive the complainant of his or her liberty?

If Yes, then go to 2.

If No, then the Accused is not guilty of False Imprisonment

Intention

2. Did the accused intend to deprive the complainant of his or her liberty?

If Yes, then go to 3.

If No, then the Accused is not guilty of False Imprisonment

Unlawful

3. Did the accused act without lawful justification or excuse?

If Yes, then the accused is guilty of False Imprisonment
(as long as you have also answered Yes to questions 1, 2 and 3).

If No, then the Accused is not guilty of False Imprisonment

Last updated: 18 November 2013

See Also

7.4.17 - False Imprisonment

7.4.17.1 - Charge: False Imprisonment