Going to Court? Book Your Free First Appointment

Kidnapping

Kidnapping is an offence under section 86 of the Crimes Act 1900 which attracts a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You took or detained a person
  2. Without the person’s consent
  3. With the intention of holding the person for a ransom, or committing a serious indictable offence, or obtaining any other advantage.

You must be found not guilty if the prosecution is unable to prove each of these elements.

The maximum penalty increases to 20 years in prison where you were in the company of another person or persons, or you caused actual bodily harm to the complainant.

The maximum penalty increases to 25 years in prison where you were in the company of another person or persons, and you caused actual bodily harm to the complainant.

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity
  4. Being the child’s parent (provided you are not contravening a court order), and
  5. Acting with the consent of the child’s parent.

What Our Clients Say SEE ALL

  • ★★★★★

    The best result I could get

    Hi, I had a great experience with Tuan Phan as he greatly assisted me during…

  • ★★★★★

    Very fortunate and grateful

    I am very fortunate and grateful to have Fahim Khan represent me for my case.…

  • ★★★★★

    Thoughtful, patient, understanding

    My experience with Sydney Criminal Lawyers was fantastic. Despite a very difficult time in my…

  • ★★★★★

    Made the experience easy and as painless as possible

    Fred was an absolute legend. Made the experience easy and as painless as possible. Guided…

Going to Court? Call For Your Free First Appointment