KIDNAPPING
Kid= infant Nap= steal/ snatch
kidnapping= stealing the kid
Requirements:
> there must be taking or enticing
> the complainant must be a minor [in Malaysia, gurl must be below 16 of age, boy below 14] or an unsound mind of any age
>must be out of keeping of the lawful guardianship
>without the consent of the guardian
- by taking or escort or to cause the minor to go with him; does not necessary there was any force, the accused might merely induced the child = sufficient for the prosecutor to prove that the accused had taken the child
- the accused had caused the minor to left his/her lawful guardian; But For Test applied
- Dual guardianship= i.e. child who go to school= under the guardianship of the parents, and the teacher when there are in school
- Who will have better right? lawful guardian or the legal guardian?? = legal guardian i.e. parents
- can the parent be liable for kidnapping his/her lawful child? = Yes [ R v D] 1984 1 Appeal Cases