The child, aged 15, was living with her foster parents. The defendants took her to their address and plied her with drink. The foster parents contacted her, and she said she was returning home. When she did not return the foster parents reported her missing. The police contacted the defendants. The girl hid at the house to avoid being found, but sent a text message to her parents to say she was staying with friends and would return home. In the morning, the police returned, found her, and arrested the defendants, who now appealed convictions for abduction so as to remove the child from a person having lawful control. The defendants believed her to have been over 16.
Held: The appeal succeeded. The mens rea of the offence was an intentional detention of a child the effect of which was to remove or keep the child. Their belief as to her age meant that they did not have that mind at the time when the child was removed. The Act distinguished between removal from control and keeping a child from lawful control. After they came to know of her true age, they did nothing to remove her from the foster parents’ control, and the offence was not committed.
Judges:
Rose LJ, Pitchford J
Citations:
Times 05-Jan-2005
Statutes:
Child Abduction Act 1984 2(1)(a) 4
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Mousir CACD 1987
The defendant offered money to a 14 year old boy who was on his way home from school to return to his home. The boy continued toward his home, but the defendant committed sexual ssaults on him.
Held: The defendant’s appeal against attempted . .
Cited – In re Owens QBD 2000
. .
Cited – Regina v Leather CA 24-Mar-1993
The child abduction offence may be complete without physical removal. ‘removal from lawful control’ under the Act did not import a necessary spatial element. The issue is the removal of control. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 06 May 2022; Ref: scu.222517
