Call (03) 9670 5111

Kidnapping

– section 63A of the Crimes Act 1958

Kidnapping

Kidnapping is when you take someone else away or detain them. You do so to get a payment (ransom) for releasing the person. Or you detain the other person to gain an advantage for yourself or someone else.

Examples of Kidnapping
  • A man kidnaps the daughter of a millionaire and demands that her father pay $100,000 for her release.
  • A woman is a nanny and takes the child she cares for to another country without the parents’ permission.
What are some of the possible defences to a charge of Kidnapping?
  • You did not take or detain anyone.
  • You did not take or detain anyone and ask for money or gain an advantage.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • What did you actually do?
  • What do they think you did?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is level 2 imprisonment (25 years).

This charge is heard in the County Court.

“Did you detain someone for money?”
What is the legal definition of Kidnapping?

The Prosecution must prove that you took, enticed away or detained another person intentionally, to demand payment, or some other advantage from the detained person or any other person.

Legislation

The section that covers this offence is section 63A of the Crimes Act 1958.1

What can you be sentenced to for this charge?

As this is a very serious offence, if you are found guilty you will generally receive a prison sentence.

Other Important Resources

 


[1] Crimes Act 1958 – Section 63A

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).