Author: Jon Ross
Practice area: assault & violence offences
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 6 August 2026.
What is the offence of Kidnapping?
Kidnapping under Section 63A of the Crimes Act 1958 is a serious criminal offence in Victoria that deals with the unlawful deprivation of a person’s liberty in circumstances involving coercion and exploitation of that detention.
Key points
- Legal elements: conduct involving taking, enticing away or detaining a person, together with a specific unlawful purpose.
- Nature of conduct: detention or removal used as leverage to compel another outcome.
- Court jurisdiction: County Court of Victoria.
The maximum penalty for Kidnapping is level 2 imprisonment (25 years).
Common defences may include disputing that a detention occurred, or that the detention was connected to the required unlawful purpose.
Our firm of lawyers have defended many people charged with Kidnapping and are skilled in knowing what to look for.
Police interview
It is important that you receive legal advice before speaking with Police about an allegation of Kidnapping. We can advise you about what should be said during a Police interview. The most important thing to remember is the Police are not on your side when they accuse you of a crime like Kidnaping. They are speaking with you hoping that you will make admissions. This is why you should speak with one of our lawyers first so we can advise you:
- How to handle the interview,
- What to expect during the interview process,
- What to expect after the Police interview.
Anything you tell the Police at any point during their investigation without advice can make running a defence in Court more difficult later on.
Our lawyers can also attend the Police station with you to help you through the process.
Pleading not guilty
Our lawyers have successfully contested Kidnapping charges in the past. Our lawyers will prepare a case strategy for you to increase your prosepcts of an acquittal. We have in-house counsel who run our contested hearings and trials who can get involved from the beginning if you are accused of Kidnapping.
In a case like this, you want a lawyer who is going to consider – Is there relevant CCTV footage? Is there DNA evidence? Are there people who the Police have not spoken to who can shed some light on this case? Is there evidence which proves your innocence which needs to be preserved?
The answer to these questions can lead to a successful defence.
Pleading guilty
Kidnapping is a serious charge which leads to a mandatory gaol sentence. We believe it is very important for our clients to understand what they are facing before deciding on how to proceed.
If you decide to plead guilty to Kidnapping, we can advise you how to prepare your plea to get the best possible outcome in Court. We will help you to arrange reports and documents that will help reduce your prison sentence. Call us and discuss how to get the best result.
Sentencing
Sentencing in the higher courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) — 64 charges across 43 cases, higher courts, 1 July 2019 – 30 June 2024.
| Outcome | % |
|---|---|
| Imprisonment | 92.2% |
| Community Correction Order | 4.7% |
| Youth Justice Centre Order | 3.1% |
The data demonstrates that a term of imprisonment is almost inevitable for this offence at this level, reflecting its inherent seriousness and the significant impact on victims. Non-custodial dispositions are rare. In determining sentence, the court will consider factors such as the duration of the detention, any violence or threats involved, prior history and the offender’s personal circumstances. Detailed preparation and experienced advocacy are essential in matters carrying such substantial custodial exposure.
Which court will the case be heard in?
This charge is heard in the County Court.
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 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.
Elements of the offence
An accused may be found guilty of Kidnapping if the prosecution successfully proves the following:
- The accused led, took, or enticed away or detained any person (C); and
- The accused, in doing such an act, had an intent to demand from C or from any other person any payment by way of ransom for the return or release of C; or
- The accused, in doing such an act, had an intent to gain for themselves or for any other person any advantage (however arising) from the detention of C.
A secondary offender can be liable if they participate in the detention at a point. They do not need to be there for the initial abduction.
The accused may be found guilty if the intent to kidnap develops during the detention rather the beforehand.
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?
Did you detain someone for money?
Maximum penalty for section 63A of the Crimes Act 1958
The maximum penalty for Kidnapping (section 63A of the Crimes Act 1958) is level 2 imprisonment (25 years).
