Thursday, May 31, 2007

Related Canadian Case Law

Regina v. Metcalfe (1983), 1983 CarswellBC 737, 10 C.C.C. (3d) 114 (B.C.C.A.)
The Court of Appeal held that persuading the victim of a kidnapping to accompany the kidnapper by fraud or trickery makes the offence a kidnapping just as much as if the kidnapper used physical force to take the victim with him or her.

Regina v. Johnson (1984), 1984 CarswellNS 345, 65 N.S.R. (2d) 54, 147 A.P (N.S.C.A.)
The Nova Scotia Court of Appeal held that using trickery to have the victim accompany the kidnapper is as much kidnapping as using physical force.In my view, those two cases are more than sufficient to show that the law in Canada is that a kidnapper who uses trickery is as much a kidnapper who uses physical force to make the victim come with him. The "cartoon" newspaper example might be the strange male who invites the little girl into his car to go to the candy store with him.

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