Kidnapping
In Victoria, Kidnapping carries a maximum penalty of 25 years imprisonment. Frequently, the charge of Kidnapping is also accompanied by other charges, such as, threats to kill, threats to inflict serious injury or assault. People are typically charged with this offence when they detain someone without their consent.
What is Kidnapping?
The offence of Kidnapping is contained in section 63A of the Crimes Act 1958 which states: 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 3 imprisonment (25 years maximum).
What Actions Might Constitute Kidnapping?
The following action could form the basis of a charge of Kidnapping
- Detaining someone against their wishes with the intention of making a demand for money to release the person;
- Transporting someone somewhere against their wishes and making a demand for property to release the person;
- Taking a child in contravention of a Parenting Order made by a Court and demanding that the other parent stop a Court proceedings.
What Must Be Proven?
For a person to be found guilty of Kidnapping the Prosecution must prove each of the following matters beyond a reasonable doubt:
- That you led, took, enticed or detained another person; and,
- That you did this with the intent to:
- Demand from that person or someone else payment by way of ransom for the return or release of that person; or,
- Gain for yourself or any other person an advantage from that detention.
The Prosecution does not need to prove that you actually did make a demand or threat. The Police only need to prove that you intended to make such a demand or threat.
If the Prosecution does not prove every single one of the above elements, you will be found not guilty.
Which Court Will Hear the Matter?
Kidnapping is an indictable offence which must be heard in the County Court of Victoria.
Possible Defences
The following defences may be available for a Kidnapping charge:
- Duress;
- Necessity;
- Identity;
- Lack of Intent;
- Factual Dispute.
Common Questions
Will I receive a criminal conviction for Kidnapping?
Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this.
In VIC, a Court can impose any of the following penalties for a blackmail charge.
- Jail
- Community Corrections Orders (CCO)
- Fine
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Kidnapping might jeopardise your job or make it difficult to obtain visas for overseas travel. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.
Will I go to jail for Kidnapping?
Yes, you can be sentenced to a term of imprisonment for Kidnapping, as it is a serious violent offence in Victoria and carries a maximum penalty of 25 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.