Kidnapping & Confinement

Under Section 86 of the Crimes Act 1900 (NSW), kidnapping occurs when a person unlawfully takes or detains another person without consent, with the intention of:

• Holding them for ransom
• Committing a serious indictable offence
• Gaining any form of advantage

This includes causing a person to remain in a place against their will or forcing them to accompany someone.

To secure a conviction for kidnapping, the prosecution must prove beyond reasonable doubt that:

• You took or detained another person
• That person did not consent
• You did so with one of the specific intentions outlined in the legislation (ransom, serious indictable offence, or other advantage)
• In aggravated or specially aggravated cases, they must also prove bodily harm and/or that you acted with others

Depending on the circumstances, defences may include:

• Consent: The alleged victim willingly accompanied or remained with the accused
• Lack of intention: No intent to gain an advantage, commit a crime, or demand ransom
• Mistaken identity or factual error: The accused did not commit the offence
• Parental exemption: The person was the child’s parent or acting with parental consent and not in breach of any court order

The penalties under Section 86 of the Crimes Act 1900 are severe:

• Basic offence: Up to 14 years imprisonment
• Aggravated offence: Up to 20 years imprisonment
• Specially aggravated offence: Up to 25 years imprisonment

The severity of the sentence depends on factors such as the use of violence, whether others were involved, and whether the victim suffered harm.