Hendy-Freegard v R

Hendy-Freegard v R

Causing a person by fraudulent misrepresentation to move unaccompanied does not constitute 'taking and carrying away' for kidnapping, as it does not amount to deprivation of liberty. The judge's direction was incorrect and the convictions for kidnapping cannot stand.

Parties
Appellant: Robert D Hendy-Freegard; Respondent: R
Jurisdiction
England and Wales
Judgment Date
23 May 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction allowed; appeal against sentence dismissed
Legal Topics
Kidnapping, False Imprisonment, Fraud, Dishonesty Offences, Sentencing
Criminal Law Kidnapping False Imprisonment Fraud Dishonesty Offences Sentencing

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Parties

Robert D Hendy-Freegard

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether inducing a person by fraud to move unaccompanied constitutes kidnapping
  2. 2 Whether deprivation of liberty is an essential element of kidnapping
  3. 3 Proper interpretation of 'taking and carrying away' in kidnapping

Ratio Decidendi

Causing a person by fraudulent misrepresentation to move unaccompanied does not constitute 'taking and carrying away' for kidnapping, as it does not amount to deprivation of liberty. The judge's direction was incorrect and the convictions for kidnapping cannot stand.

Court Disposition

Appeal against conviction allowed; appeal against sentence dismissed

Orders

  • Convictions for kidnapping quashed
  • Sentences for dishonesty offences upheld