Section 86 Crimes Act | Kidnapping


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The Legislation

Section 86 of the Crimes Act is the offence of Kidnapping and is extracted below.

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86 Kidnapping

(1) Basic offence A person who takes or detains a person, without the person’s consent:
(a) with the intention of holding the person to ransom, or
(b) with the intention of obtaining any other advantage,
is liable to imprisonment for 14 years.

(2) Aggravated offence A person is guilty of an offence under this subsection if:
(a) the person commits an offence under subsection (1) in the company of another person or persons, or
(b) the person commits an offence under subsection (1) and at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.
A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1):
(a) in the company of another person or persons, and
(b) at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.
A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

(4) Alternative verdicts If on the trial of a person for an offence under subsection (2) or (3) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of a lesser offence under this section, it may find the accused not guilty of the offence charged but guilty of the lesser offence, and the accused is liable to punishment accordingly.

(5) A person who takes or detains a child is to be treated as acting without the consent of the child.

(6) A person who takes or detains a child does not commit an offence under this section if:
(a) the person is the parent of the child or is acting with the consent of a parent of the child, and
(b) the person is not acting in contravention of any order of a court relating to the child.

(7) In this section:”child” means a child under the age of 16 years.”detaining” a person includes causing the person to remain where he or she is.”parent” of a child means a person who has, in relation to the child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.”taking” a person includes causing the person to accompany a person and causing the person to be taken.