Osborne, R v [2021] EWCA Crim 832 (18 May 2021)

A mistaken belief that the law permits a father to kidnap his own child is a mistake of law and cannot afford a defence to conspiracy to kidnap; parental authority does not operate as a defence where force is used against the child.

Source-derived case information.

Citation: [2021] EWCA Crim 832
Parties: Prosecution: Regina; Applicant: Reece Osborne
Jurisdiction: England and Wales
Judgment Date: 18 May 2021
Procedural Posture: Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome: renewed application for leave to appeal and extension of time refused
Legal Topics: Conspiracy, Kidnap, Parental Authority, Mistake of Law, Mistake of Fact

Criminal Law Conspiracy Kidnap Parental Authority Mistake of Law Mistake of Fact

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6

Parties

Regina

Prosecution

Reece Osborne

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

1 Whether the applicant's mistaken belief in parental authority constitutes a defence to conspiracy to kidnap
2 Whether the judge erred in refusing to leave the defence of parental authority to the jury
3 Whether a mistake of law can afford a defence to conspiracy to kidnap

Ratio Decidendi

Court Disposition

renewed application for leave to appeal and extension of time refused

Orders

Application for extension of time refused
Application for leave to appeal refused

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