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Kidnapping

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Written by
Shaun Pascoe
Criminal Defence Lawyer


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The Law - Kidnapping

What the Law states - Kidnapping


Crimes Act 1958 - SECT 63A

Kidnapping

63A. Kidnapping

Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

Maximum Penalty in Victoria


The maximum penalty for a charge of kidnapping is 25 years imprisonment.

The charge of kidnapping is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Prosecution must prove - Kidnapping - Vic


(a) The accused takes, entices away or detains another person with the intent of demanding payment, or some other advantage from the detained person, or any other person.

Possible Defences - Kidnapping


(a) Consent.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

 

Which court will hear the charge of Kidnapping


The charge of kidnapping is heard in the County Court.
Appeal Kidnapping Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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