Kidnapping

Kidnapping is covered under Section 86 the Crimes Act 1900 (NSW).

(1) Basic offence: A person who takes or detains a person, without the person’s consent-

(a) with the intention of holding the person to ransom, or

(a1) with the intention of committing a serious indictable offence, or

(b) with the intention of obtaining any other advantage, is liable to imprisonment for 14 years.

(2) Aggravated offence: A person is guilty of an offence under this subsection if-

(a) the person commits an offence under subsection (1) in the company of another person or persons, or

(b) the person commits an offence under subsection (1) and at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

(3) Specially aggravated offence: A person is guilty of an offence under this subsection if the person commits an offence under subsection (1)-

(a) in the company of another person or persons, and

(b) at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

(4) Alternative verdicts If on the trial of a person for an offence under subsection (2) or (3) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of a lesser offence under this section, it may find the accused not guilty of the offence charged but guilty of the lesser offence, and the accused is liable to punishment accordingly.

(5) A person who takes or detains a child is to be treated as acting without the consent of the child.

(6) A person who takes or detains a child does not commit an offence under this section if–

(a) the person is the parent of the child or is acting with the consent of a parent of the child, and

(b) the person is not acting in contravention of any order of a court relating to the child.

We have experience in defending these charges, negotiating plea deals and dealing with sentences (including avoiding convictions) for these types of offences.

No matter what the degree, we are addicted to not only winning or achieving the best plea deal possible (depending on the case and your instructions), but doing it in the quickest, cheapest, and most impressive way possible. Each and every one of our clients can expect that from us in every matter we undertake.

Our team has worked on complex trials for kidnapping cases, matters pushing the creation of new precedents, and even matters in the High Court, and we have the knowledge, skills and experience that allows us to approach charges of all types with ease and transparency, to alleviate anxiety and achieve the desired result.

Green & Associates Solicitors Experience and Success 

At Green & Associates, we have obtained straight acquittals in kidnapping and choke jury trial by subpoenaing “victim’s” medical and psychological records, proving paranoid delusions and schizophrenia and lack of credibility; successfully defended several false allegations of kidnapping of children and ex-partners raised in an attempt to obtain an advantage in family law proceedings.

We have close, excellent relationships with some of the best criminal barristers for kidnapping cases in Sydney, ranging from junior counsel through to senior counsel, and we are known to and respected by judicial officer, our peers, prosecutors, Police, and other officials. We leverage these relationships to leave no stone unturned and ensure you have the best prospects for a kidnapping case.

Contact us to book an appointment with our criminal defence lawyers today. The sooner we act, the more compelling and successful our defence will be.

At Green & Associates Solicitors, we act for the full range of matters that relate to employment law. We are uniquely placed to advise and act for any person or business.

We provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).

Contact us (02) 8080 7585 if you require support with any commercial matters or legal advice.