The defendant was at a party where he took a range of drugs. He was accused of attacking one girl, and then imprisoning another with a neighbour. He appealed against his convictions for unlawful imprisonment and kidnapping.
Held: The appeal was dismissed. For the crime of unlawful imprisonment, mens rea is required even though it is an offence of basic intent, though it can be committed intentionally or being reckless as to the victim’s consent.
Citations:
[1988] Crim LR 379
Citing:
Cited – Regina v Rahman CACD 1985
False imprisonment is a common law offence, defined as consisting in ‘the unlawful and intentional or reckless restraint of a victim’s freedom of movement from a particular place. In other words it is unlawful detention which stops the victim moving . .
Cited by:
Cited – Craik, Chief Constable of Northumbria Police, Regina (on The Application of) v Newcastle Upon Tyne Magistrates’ Court Admn 30-Apr-2010
The claimant a retired Chief Constable sought judicial review of a decision to commit him for trial on a charge of unlawful imprisonment. The suspect and now prosecutor had been arrested and held in custody, but without the necessary timely review . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 02 May 2022; Ref: scu.408852
