Have you been charged with Kidnapping?
If so, you will need to engage the services of a criminal law specialist as soon as possible.
What is Kidnapping?
Under Section 63A of the Crimes Act 1958, Kidnapping occurs when a person leads, takes, entices, or detains someone else with the intent to demand payment, such as taking a person for ransom or to gain some advantage for themselves or another person through the detention. This is considered a serious criminal offence, regardless of whether a demand or threat is actually made.
Is Kidnapping an indictable offence?
Yes, Kidnapping is a serious, indictable 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 for a kidnapping charge is 25 years in prison.
You and your lawyer will need to consider many questions before deciding how you will plead, such as:
- 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 the act of Kidnapping.
Proving a Kidnapping 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 the act of 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 a Kidnapping offence
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence? Understanding whether you have a valid defence is one of the first steps. 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 evidence is being used against you?
What kind of evidence do the police or prosecution have to support their case? This might include witness statements, surveillance footage, or physical evidence. Understanding the strength of the evidence against you is critical in planning your defence or negotiating a plea.
Are you aware of the long-term consequences?
Beyond the immediate penalties, a Kidnapping conviction can have long-term effects on your life, including employment prospects and social relationships. Are you prepared to address these challenges and seek any necessary support?
What to do next if you are facing a Kidnapping charge
Consult an experienced criminal lawyer urgently.
Don’t leave preparing for your case to the last minute. Thorough preparation is key to the success of any criminal matter.
The legislation
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).
Contact Dribbin & Brown Criminal Lawyers
If you have been charged with the act of Kidnapping, you need expert legal representation immediately. The seriousness of this offence demands the attention of an experienced criminal law specialist.
At Dribbin & Brown Criminal Lawyers, our team has extensive experience defending clients against Kidnapping offences. We can help you understand the evidence, assess your options, and build a strong defence strategy to achieve the best possible outcome.
Don’t face a Kidnapping charge alone-get in touch with our dedicated team today for expert legal advice and support tailored to your case.
