Your options
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You took or detained a person;
- Without the consent of the person; and
- With the intention of either holding the person to ransom or obtaining any other advantage.
In some instance the police will allege the offence is aggravated in which case the prosecution must also prove:
- You were in company with another person or other persons; or
- Immediately before, at the time of, or after the commission of the offence, actual bodily harm was occasioned on the victim.
In other instances the police will allege the offence is specially aggravated in which case the prosecution must also prove:
- You were in company with another person or other persons; and
- Immediately before, at the time of, or after the commission of the offence, actual bodily harm was occasioned on the victim.
Where the alleged victim is under the age of 16 years, the age of the victim is an additional element that the prosecution will have to prove.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced Sydney-based criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
Plead guilty
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
Kidnapping charges carry a maximum penalty of 14 years imprisonment in the District Court. Aggravated kidnapping carries a maximum penalty of 20 years imprisonment in the District Court and Specially aggravated kidnapping carries a maximum penalty of 25 years imprisonment in the District Court. Any form of Kidnapping is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.
Generally, penalties that a court can impose for any criminal offence in NSW are:
