Isidori s/o Caspar v. R., Crim. App. 166-D-68, 10/5/68, Georges C. J

Isidori s/o Caspar v. R., Crim. App. 166-D-68, 10/5/68, Georges C. J.

Accused was charged with abduction (P. C. s. 133) and indecent assault (P.C. s. 135). There was evidence that accused seized complainant as she was walking to her house, carried her t his house, stripped her of the clothing and beat her when she refused to have sexual intercourse. The trial magistrate convicted accused of abduction but made no explicit finding that accused had intent to commit sexual intercourse. He dismissed the charge of indecent assault on the ground that the charge was duplicitous.

            Held: (1) An intent to have sexual intercourse is an element of the crime of abduction. However, in the facts of this case, it seems that the magistrate inferred such a finding though it was not stated explicitly. (2) Abduction does not necessarily involve an indecent assault. In the present case, stripping the complainant of her clothes constituted an indecent assault separate from the original abduction. However, since the crimes normally result in concurrent sentences, nothing need be done about the acquittal. Conviction of abduction affirmed.