Outlined under section 86 of the Crimes Act 1900, kidnapping occurs where:
(1) A person takes or detains a person, without the person’s consent:
(a) with the intention of holding the person to ransom, or
(a1) with the intention of committing a serious indictable offence, or
(b) with the intention of obtaining any other advantage

According to the act, the maximum sentence for the basic offence of kidnapping is 14 years’ imprisonment. However, where the offence is aggravated, the maximum penalty increases to 20 years’ imprisonment.

To be convicted of a kidnapping charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. you took or detained a person; and
  2. this was done without the consent of that person; and
  3. this was done with the intention of either holding the victim to ransom or obtaining any other advantage.

They will also need to prove that you were the person who committed the kidnapping offence.

Possible defences to a kidnapping charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

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