Flavell v R [2008] NSWCCA 223
An offence against s 86 Crimes Act (kidnapping) can be committed by denying access to third persons to another person, in circumstances where the other person is incapable of helping themselves, thereby causing the victim to remain where they are. Whether the offence is proven on the facts is a matter for the jury.
- Parties
- Applicant: Glenn Samual Flavell; Respondent: The Crown
- Jurisdiction
- Australia
- Judgment Date
- 25 September 2008
- Procedural Posture
- Criminal Appeal / Leave to Appeal and Appeal Against Interlocutory Judgment or Order
- Outcome
- Leave granted; appeal dismissed.
- Legal Topics
- Kidnapping, Permanent Stay of Proceedings, Interpretation of 'detaining' Under Crimes Act S86, Interference With Liberty, Detaining Unconscious Persons
Case Brief
Summary, issues, holding and outcome
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Parties
Glenn Samual Flavell
Applicant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal and Appeal Against Interlocutory Judgment or Order
Legal Issues
- 1 Whether evidence was capable of constituting the elements of the offence of kidnapping
- 2 Whether 'detaining' includes preventing access by others to assist an unconscious victim
- 3 Whether victim's liberty was restrained
Ratio Decidendi
An offence against s 86 Crimes Act (kidnapping) can be committed by denying access to third persons to another person, in circumstances where the other person is incapable of helping themselves, thereby causing the victim to remain where they are. Whether the offence is proven on the facts is a matter for the jury.
Court Disposition
Leave granted; appeal dismissed.
Orders
- Leave to appeal granted.
- Appeal dismissed.
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