Wednesday, March 11, 2009

Kidnapping



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

Moshi Moshi = )

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