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.
- Duress; and
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.