@TheEditor said:
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If you murder someone and then transport them somewhere it's not kidnap. He's got a kidnapping charge presumably because he drove her somewhere alive first.
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Not true. The offence of kidnapping can occur within seconds-- and no surprise that WC was first held under this charge. I have little doubt that he will be indicted for the same.
Kidnapping is a common-law offence --and is triable only on indictment.
(It may be classified in class 2A, 2B or 3—see Criminal Practice Directions XIII Listing, para B: Classification).
The common law definition is not unlike the U.S. where pretty much anytime you're confined, held, or moved against your will is
legally kidnapping.
Elements of the offence
In
R v D the Court of Appeal held that on a charge of kidnapping the prosecution must prove:
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the taking or carrying away of one person by another
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by force or fraud
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without the consent of the person so taken or carried away, and
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without lawful excuse
Common law offence of kidnapping | Legal Guidance | LexisNexis