Canberra & the ACT · Serious violence
Kidnapping charges in the ACT.
Kidnapping is taking or detaining a person against their will to gain a ransom or an advantage. It is a serious indictable offence tried in the ACT Supreme Court, and where the person is seriously harmed the maximum rises to twenty years.
- With serious harm20 yearss 38 Crimes Act 1900 (ACT)
- Otherwise15 yearss 38
- CourtSupreme CourtStrictly indictable
- Key issueIntent & consentThe elements
The ACT offence.
Kidnapping requires a taking or detaining, without consent, and an intent to hold the person for ransom or advantage. It often arises out of another dispute, and the line between a kidnapping and a lesser matter can turn on consent and intent.
Penalties and where the matter is heard.
Kidnapping is strictly indictable and is tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the circumstances, any harm, and the duration all bear on the outcome. Bail for a serious violence matter is prepared carefully.
Defences and issues that matter.
Consent.
Kidnapping requires the absence of consent. Where the person went willingly, or the situation was consensual, the offence may not be made out.
Intent.
The offence requires an intent to hold the person for ransom or advantage. Where that intent is absent, the proper charge may be a lesser one.
Identity and the account.
These matters often rest on competing accounts and any electronic evidence, which are tested closely.
How the matter is run.
The work is to test consent and intent, obtain the electronic and third-party evidence, and place the matter in the right charge. These are serious matters prepared for trial in the Supreme Court, with counsel briefed where the matter calls for it.
Frequently asked.
What is the penalty for kidnapping in the ACT?
Up to 20 years where the person suffers grievous bodily harm, and 15 years otherwise, under s 38 of the Crimes Act 1900 (ACT).
Is kidnapping tried in the Supreme Court?
Yes. Kidnapping is strictly indictable and is tried in the ACT Supreme Court.
Is consent a defence to kidnapping?
It can be. Kidnapping requires taking or detaining a person without their consent. Where the person went willingly, the offence may not be made out.
What does the prosecution have to prove?
That the accused took or detained a person without consent, with intent to hold them for ransom or to gain an advantage.
Charged with kidnapping in the ACT?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019