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man charged with kidnapping

14 replies

lemonstartree · 17/03/2008 22:27

Shannon's uncle has been charged with kidnapping.........

OP posts:
hifi · 17/03/2008 22:29

so she was taken against her will, hope she can get back to her family soon. she will never have a normal life now as everyone will know everything about her.

wannaBe · 18/03/2008 09:07

but why kidnapping and not abduction?

What is the difference?

themildmanneredbunny · 18/03/2008 09:09

he has also been charged with 'false imprisonment'.

what does that mean i wonder?

does it mean it's all been a hoax in hope of reward money or something?

wannaBe · 18/03/2008 09:30

it all sounds very strange.

it's been suggested that Shannon wasn't harmed in any way, so given that, and the charge of kidnapping, maybe money was the motive?

themildmanneredbunny · 18/03/2008 09:31

but false imprisonment?
weird.

themildmanneredbunny · 18/03/2008 09:33

aah-no i am wrong. look at this;

To prevail under a false imprisonment claim, a plaintiff must prove: (1) willful detention; (2) without consent; and (3) without authority of law.

so it's because he has held her.

TheFallenMadonna · 18/03/2008 09:33

Isn't false imprisonment just restraining someone when you have no right to do so. As opposed to lawful imprisonment I suppose.

TheFallenMadonna · 18/03/2008 09:34

x post.

I think it's just legal talk. Nothing odd.

goblinvalley · 18/03/2008 09:37

here, a definition of false imprisonment [[http://www.nolo.com/definition.cfm/Term/11865EE4-8734-4565-863B06B64AE7E727/alpha/F/

I just think there is something dodgy going on, i hope it doesn't turn out to be hoax/con - but i have a feeling in my waters

wannaBe · 18/03/2008 09:40

so what is the definition of kidnapping compared to the definition of abduction?

themildmanneredbunny · 18/03/2008 09:41

kidnapping;

This is a common law offense requiring:

that one person takes and carries another away;
by force or fraud;
without the consent of the person taken; and
without lawful excuse.
It would be difficult to kidnap without also committing false imprisonment, which is the common-law offense of intentionally or recklessly detaining the victim. The use of force to take and detain will also be regarded as an assault, and other, related offences may also be committed before, during, or after the detention.

Alongside murder, kidnapping is the last really significant offence under the common law which has yet to be codified into statute.

wannaBe · 18/03/2008 09:44

hmmm seems similar -

kidnapping

The crime of unlawfully seizing and carrying away a person by force or
Fraud,
or seizing and detaining a person against his or her will with an intent to carry that person away at a later time.

abduction:

  1. To carry off by force; kidnap.
themildmanneredbunny · 18/03/2008 09:44

most of the definitions of abduction say it's kidnapping but of a w oman or child.

maybe because she was found alive they use kidnapping whereas if a child is murdered they use abduction because it's taking someone with intention to harm or something.

bossybritches · 19/03/2008 21:46

Sorry to be pedantic but it was the uncle of her mum's BF , not Shannon's uncle.

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