Have you been charged with Kidnapping?
If so, you will need to engage the services of a criminal law specialist as soon as possible.
Kidnapping is an extremely serious offence, which can only be heard in the County or Supreme Courts. You should be aware that most people who plead guilty to this offence face a significant term of imprisonment to serve immediately. The maximum penalty is 25 years in prison.
You and your lawyer will need to consider many questions before deciding how you will plead.
- Did you take or carry another person away?
- Did you use force or trick them?
- Did the person consent to being taken away? Did you have an excuse for your actions?
- Did you act alone?
- Is the alternative charge of false imprisonment available?
All these questions and many more, need to be discussed with an experienced lawyer who specialises in criminal law. See below for further information on Kidnapping.
The offence
Kidnapping is a common law offence. It is also in Section 63A of the Crimes Act 1958.
The prosecution must prove:
The defendant took or carried that person away;
The defendant deprived another person of his or her liberty;
The defendant did this by force or fraud;
The person taken or carried away did not consent to that conduct;
The defendant acted without lawful justification or excuse.
The maximum penalty for Kidnapping
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Kidnapping cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider when charged with Kidnapping
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence? As Kidnapping is both a common law offence and an offence under the Crimes Act 1958, ensure you consult a criminal law specialist before proceeding further.
What to do next if you have been charged with Kidnapping?
Consult an experienced criminal lawyer urgently.
Ensure that you don’t leave preparing for your case to the last minute. Thorough preparation is key to the success of any criminal matter.
If you have been charged with Kidnapping, get in touch today and let one of our experienced lawyers help you.
The legislation
Section 63A Kidnapping
Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
