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7.4.19.2 - Checklist: Kidnapping (Common Law)

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Five elements the prosecution must prove beyond reasonable doubt:

1. The accused took or carried the complainant away; and

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

3. The accused did so by force or fraud; and

4. The complainant did not consent; and

5. The accused acted without lawful justification or excuse.

Took or Carried Away

1. Did the accused take or carry the complainant from one place to another?

If Yes, then go to 2.

If No, then the Accused is not guilty of Kidnapping

Deprivation of Liberty

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

If Yes, then go to 3.

If No, then the Accused is not guilty of Kidnapping

Force or Fraud

3. Did the accused take or carry the complainant and deprive him or her of liberty by force or fraud?

If Yes, then go to 4.

If No, then the Accused is not guilty of Kidnapping

Consent

4. Was the taking or carrying of the complainant and the deprivation of liberty without the consent of the complainant?

If Yes, then go to 5.

If No, then the Accused is not guilty of Kidnapping

Lawful excuse

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

If Yes, then the accused is guilty of Kidnapping.
(as long as you have also answered Yes to questions 1, 2, 3 and 4).

If No, then the Accused is not guilty of Kidnapping

Last updated: 18 November 2013

See Also

7.4.19 - Kidnapping (Common Law)

7.4.19.1 - Charge: Kidnapping (Common Law)