ABSTRACT

V was unlawfully detained and D was not unlawfully detained, as in McFall (1994) where he had kidnapped his former girlfriend at gunpoint;

V was asleep or otherwise unconscious; because of physical disability, V would not have been able to

communicate whether V consented; without V’s knowledge, a person had administered to or caused V to

take a substance which caused V to be stupefied or overpowered.