Kidnapping
It is an offence under section 86 of the Crimes Act 1900 (NSW) to take or detain a person without the person’s consent. This is commonly known as kidnapping. The offence may be aggravated if the act was committed in the company of one or more persons and/or at the time of, or immediately before or after the commission of the offence, actual bodily harm is occasioned to the complainant.
If you have been charged with a kidnapping offence, we encourage you to seek legal advice or representation to put your best foot forward in court. Our team of criminal lawyers have the knowledge, skills, and experience to discuss the best options for your case.
Offences
Kidnapping
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You took or detained a person
You did so without the person’s consent and
with the intention of holding the person to ransom, or
with the intention of committing a serious indictable offence, or
with the intention of obtaining any other advantage
What is Actual Bodily Harm?
Injuries that can amount to actual bodily harm include scratches and bruises (McIntyre v R (2009) 198 A Crim R 549). The harm does not have to be permanent but must not be “merely transient or trifling” (R v Donovan [1931] KB 498).
A Person that Takes or Detains a Child Does Not Commit this Offence if:
the person is the parent of the child or is acting with the consent of a parent of the child, and
the person is not acting in contravention of any order of a court relating to the child.
Maximum Penalties
The maximum penalty is 14 years imprisonment.
Section 86(2): Aggravated offence
The maximum penalty is 20 years imprisonment.
Section 86(3): Specially aggravated offence
The maximum penalty is 25 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Child Abduction
Child abduction is an offence under section 87 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You took or detained a child
You did this while intending to steal from the child or
With the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child without the consent of that person.
What Age Deems a Person a Child?
Child means a child under the age of 12 years.
What Does Taking or Detaining Include?
Detaining a child includes causing the child to remain where he or she is.
Taking a child includes causing the child to accompany a person and causing the child to be taken.
Who has Parental Responsibility Over a Child?
A person who has, concerning a child, all the duties, powers, responsibilities, and authority that, by law, parents have concerning their children, or
A person authorised to be the carer of the child under an Act relating to the care and protection of children.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for this charge can include:
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact Criminal Lawyers – Defending You at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.