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Kidnapping

Sexual Offences – NSW

Welcome to the NSW Kidnapping article page. Everything you need to know about Kidnapping according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Kidnapping

According to NSW Law for the charge of Kidnapping,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
64857 Take/detain person with intent to hold to ransom (DV)-SI
44662 Take/detain person with intent to hold to ransom-SI
64858 Take/detain person with intent to obtain advantage (DV)-SI
44663 Take/detain person with intent to obtain advantage-SI
64859 Take/detain person in company with intent obtain advantage (DV)-SI
44664 Take/detain person in company with intent to obtain advantage-SI
64860 Take/detain person in company with intent to ransom (DV)-SI
44665 Take/detain person in company with intent to ransom-SI
64861 Take/detain person with intent to obtain advantage cause actual bodily harm (DV)-SI
44666 Take/detain person with intent to obtain advantage occasion actual bodily harm-SI
64862 Take/detain person with intent to ransom occasioning actual bodily harm (DV)-SI
44667 Take/detain person with intent to ransom occasioning actual bodily harm-SI
44668 Take/detain in company with intent to get advantage occasion actual bodily harm-SI
44669 Take/detain in company with intent to ransom occasion actual bodily harm-SI

The Maximum Penalty – Kidnapping

According to NSW Law for the charge of Kidnapping:

The maximum penalty for the charge of kidnapping (Section 86 of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a kidnapping charge.

  • Section 10: kidnapping proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of kidnapping, if heard in the District Court, is likely to be imprisonment for a period of 3 years.

For first time offenders the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

What the Police must prove according to NSW Law for Kidnapping

To convict you of a kidnapping charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. you took or detained a person; and
  2. this was done without the consent of that person; and
  3. this was done with the intention of either holding the victim to ransom or obtaining any other advantage.

They will also need to prove that you were the person who committed the kidnapping offence.

Possible Defences under NSW Law – Kidnapping

Possible defences to a kidnapping charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Kidnapping

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for a Kidnapping charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a Kidnapping charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Kidnapping charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Kidnapping charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Kidnapping charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Kidnapping charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Kidnapping charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Kidnapping charge: This is the most serious penalty for the charge of Kidnapping and involves full time detention in a correctional facility.

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