What is Kidnapping?

Kidnapping is the taking or detaining of a person without their consent with the intention of holding the victim to ransom or for obtaining any other advantage.

In order to prove a charge of kidnapping, the prosecution must prove beyond reasonable doubt:

  • That you took or detained the victim; and
  • This was done without the consent of the victim; and
  • The accused did this with the intention of either holding the victim to ransom or obtaining any other advantage.

Obtaining an advantage is not limited to a monetary payment.

Defences

  • Duress; and
  • Necessity

Penalty

This offence can only be dealt with on indictment in the District Court or Supreme Court.  The maximum penalty upon conviction is 20 years imprisonment.

Kidnapping is a very serious offence.  You will require expert legal representation for either a trial or sentence.  Contact Benjamin & Leonardo Criminal Defence Lawyers for a FREE consultation and expert advice.

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