Kidnapping Offences – Know The Law

Last year, more than 500 people were kidnapped across the nation. New South Wales has since been categorised as the “kidnapping capital” with almost 50% of kidnappings occurring in NSW, according to figures released by the Australian Bureau of Statistics (ABS).

Kidnapping is a serious crime, prosecuted under section 86 of the Crimes Act 1900 (NSW) which carries a maximum penalty of 14 years in jail if you are found guilty of this offence in the District Court.

What Actions Are Classified As Kidnapping?

Kidnapping might constitute as detaining someone against their wishes, transporting someone to a location against their wishes, taking a child in contravention of a Parenting Order made by a court or that the act was done for financial or other advantage.

At trial, in order to be found guilty of kidnapping, the Court must be satisfied that the Prosecution have proved Beyond Reasonable Doubt that:

1)  You took or detained a person

2)  Without that person’s consent

3)  You had the intention of holding that person for ransom, or committing a serious indictable offence, or obtaining any other advantage from the offence.

Defences To Kidnapping

The seriousness of the offence and the maximum penalty increases in circumstances of aggravation, if it is alleged that you kidnap someone whilst being in company of other people, and/or cause actual bodily harm to the alleged victim.

Defences to the care include:

1)      Self-defence

2)      Duress

3)      Necessity, and in cases where the act was  done to obtain property

Our Experience

Our Senior Associate, Ms Shah, previously appeared for a young client who received a non-custodial sentence for a kidnapping charge on the basis of the subjective case put forward on their behalf on submission. Recently, after negotiating charges with the ODPP, Ms Shah acted for a client with an extensive criminal history, who pleaded guilty to aggravated take and detain in company occasioning actual bodily harm, and multiple kidnapping charges. Our client received a head sentence of 2 years 10 months; with a non-parole period of 1 year 6 month.  This is a great example of how our team will and can secure the ideal outcome for you.  

What To Do Next

Kidnapping is strictly indictable which means that it can only be finalised in the Supreme Court. If you are, or anyone you know, is facing charges of kidnapping, you need an expert Criminal Lawyer by your side to fight for your rights.  Contact our office today on 8317 2859 or Ms Yashiv Shah on 0406 660 999. 

*Disclaimer:This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

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