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7.4.18.2 - Checklist: Child Stealing

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Six elements the prosecution must prove beyond reasonable doubt:

1. The accused took away, decoyed or enticed a person; and

2. The person was a child under the age of 16; and

3. The accused took the child out of the possession of the person with lawful care of the child; and

4. The taking was against the will of the person with lawful care; and

5. The accused intended to take a child, known or believed to be under the age of 16, out of the possession and against the will of the person with lawful care of the child; and

6. The accused acted without lawful excuse

 

Took away, decoyed or enticed a person

1. Did the accused take away, entice or decoy a person?

Consider – Was the accused the effective cause of the person leaving his or her parent or guardian?

If yes, then go to 2

If no, then the accused is not guilty of child stealing

Child

2. Was the person a child under the age of 16?

 If yes, then go to 3

If no, then the accused is not guilty of child stealing

Out of the possession

 3. Did the accused take the child out of the possession of the person with lawful care of the child?

If yes, then go to 4

If no, then the accused is not guilty of child stealing

Against the will

4. Was the taking against the will of the child’s parent or guardian?

 If yes, then go to 5.1

If no, then the accused is not guilty of child stealing

Intention

5.1 Did the accused know or believe that the child was under 16?

 If yes, then go to 5.2

If no, then the accused is not guilty of child stealing

5.2 Did the accused intend to take the child out of the possession of the child’s parent or guardian?

 If yes, then go to 5.3

If no, then the accused is not guilty of child stealing

5.3 Did the accused know that the taking was against the will of the parent or guardian?

 If yes, then go to 6

 If no, then the accused is not guilty of child stealing

Without lawful excuse

6. Did the accused act without lawful excuse?

 If yes, then the accused is guilty of child stealing (as long as you also answered yes to questions 1, 2, 3, 4, 5.1, 5.2 and 5.3)

If no, then the accused is not guilty of child stealing

Last updated: 30 May 2014

See Also

7.4.18 - Child Stealing

7.4.18.1 - Charge: Child Stealing