Kidnapping & Confinement
Facing a Kidnapping Charge in NSW? Here's What You Need to Know
In New South Wales, kidnapping is a serious criminal offence under section 86 of the Crimes Act 1900 (NSW). A person commits this offence if they take or detain another person without their consent, and do so with the intention of holding the person for ransom, committing a serious indictable offence, or obtaining an advantage of any kind. The act must involve the use of force, threats, deception, or other means of coercion.
Key things you need to know:
- Kidnapping can include holding someone against their will, even without physical restraint
- Penalties range from 14 to 25 years depending on aggravating circumstances
- The law applies equally to adult and child victims, with special rules for children under 16
If you are facing a kidnapping charge, contact Brightstone Defence Criminal Lawyers immediately for strategic advice and representation.
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.
Elements the Prosecution Must Prove
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
Possible Defences
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
Potential Penalties
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.
Legal Process
& Options
Kidnapping is an indictable offence and will be heard in the District or Supreme Court. The matter typically begins in the Local Court for case management before proceeding to a higher court.
Pleading
Not Guilty
If you plead not guilty, Brightstone Defence will:
- Investigate the circumstances and develop a tailored defence strategy
- Challenge evidence of intent, consent, or identification
- Expose procedural errors or weaknesses in the prosecution’s case
We will fight for your rights and seek the best possible outcome in your case.
Pleading
Guilty
If you choose to plead guilty, your matter will proceed directly to sentencing. Entering an early guilty plea may:
- Reduce legal costs and penalties
- Demonstrate remorse, potentially leading to a more lenient sentence
- Increase your chances of receiving a Conditional Release Order (CRO) or avoiding a criminal record
Before pleading guilty, speak with one of our experienced criminal lawyers to fully understand your options.
To prove the offence of kidnapping, the prosecution must establish:
- The taking or detention of a person;
- That it was done without the person’s consent;
- That the accused acted intentionally; and
- That the accused had an intent to
- Hold the person to ransom;
- Commit a serious indictable offence; or
- Obtain an advantage.
Unlawful confinement occurs when a person is detained or restrained without lawful justification. While not always prosecuted separately, confinement is:
- Often part of kidnapping, false imprisonment, or common assault.
- Also addressed under trespass and domestic violence laws, depending on context.
False imprisonment may be charged where:
- A person is confined to a space or prevented from leaving;
- The detention is not authorised by law;
- There is no valid consent.
This is often prosecuted under common law or as part of another statutory offence.
- Kidnapping - Requires intent to obtain advantage, ransom, or commit a serious crime
- False Imprisonment - Requires only unlawful detention without intent to gain
Kidnapping is an indictable offence. The case will usually start in the Local Court but will be committed to the District or Supreme Court for trial or sentencing.
Do not answer police questions without legal advice. Contact Brightstone Defence as soon as possible so we can advise you on your rights and guide you through the legal process from the very beginning.
- Yes
Kidnapping and confinement charges carry penalties of up to 25 years in prison. These are complex cases that often involve disputes about consent, intent, and identity. Having a criminal defence lawyer ensures your rights are protected and that every possible defence is explored.
To prove the offence of kidnapping, the prosecution must establish:
- The taking or detention of a person;
- That it was done without the person’s consent;
- That the accused acted intentionally; and
- That the accused had an intent to
- Hold the person to ransom;
- Commit a serious indictable offence; or
- Obtain an advantage.
Unlawful confinement occurs when a person is detained or restrained without lawful justification. While not always prosecuted separately, confinement is:
- Often part of kidnapping, false imprisonment, or common assault.
- Also addressed under trespass and domestic violence laws, depending on context.
False imprisonment may be charged where:
- A person is confined to a space or prevented from leaving;
- The detention is not authorised by law;
- There is no valid consent.
This is often prosecuted under common law or as part of another statutory offence.
- Kidnapping - Requires intent to obtain advantage, ransom, or commit a serious crime
- False Imprisonment - Requires only unlawful detention without intent to gain
Kidnapping is an indictable offence. The case will usually start in the Local Court but will be committed to the District or Supreme Court for trial or sentencing.
Do not answer police questions without legal advice. Contact Brightstone Defence as soon as possible so we can advise you on your rights and guide you through the legal process from the very beginning.
- Yes
Kidnapping and confinement charges carry penalties of up to 25 years in prison. These are complex cases that often involve disputes about consent, intent, and identity. Having a criminal defence lawyer ensures your rights are protected and that every possible defence is explored.
SUCCESS CASES & ARTICLES
Brightstone Defence delivers focused criminal defence services year-round and has built a strong track record of successful outcomes.
Meet our lawyers
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
Get AN instant estimated Quote
and a free consultation session
Facing criminal charges? Our experienced criminal defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
