What is a ‘Kidnapping’ offence?
A 'Kidnapping' offence is also referred to in the Courts as a 'Detain for Advantage' offence, which can involve a person taking or detaining another person, without their consent:
with the intention of holding the person to ransom (for a sum of money), or
with the intention of committing a serious indictable offence. or
with the intention of obtaining any other type of advantage
Kidnapping & The Law
A Kidnapping offence is governed by Section 86 of the Crimes Act 1900.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The person was taken or detained; and
The taking of the person was done without their consent; and
The motivation for taking the person without their consent was to hold them or their family to ransom for the purposes of obtaining a benefit;
The matter will be considered aggravated in those circumstances where the Prosecution can also prove the following two conditions:
The accused was in the company of another
If at the time of the kidnapping, an actual bodily harm was inflicted on the victim
The matter will be considered specially aggravated in those circumstances where the alleged victim will be under the age of 16 years
Going to Court – “What am I looking at?”
This is one of the most serious crimes, and it carries a maximum penalty of 14 years imprisonment.
If the matter is deemed to be of aggravated kidnapping, it carries a maximum penalty of up to 20 years imprisonment. Further, if the age of the victim is under the age of 16, the matter will be deemed as specially aggravated kidnapping and will carry a maximum of 25 years imprisonment.
If you have been charged with this offence, contact our office immediately to obtain expert Legal Advice.