The essential element of the common law offence of unlawful imprisonment is a restraint of liberty; it is not necessary to prove that the restraint was against the person's will. Restraint may result from a trick, fraud, or even without the person's knowledge. Where a trial judge directs the jury that restraint must be against the person's will, this imposes an additional and unnecessary burden on the Crown but does not vitiate the conviction. A circumstantial evidence direction is not required where the only inference to be drawn is as to the accused's state of mind.
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