Law Information - Assaults / Violence Offences - SA

Kidnapping

Date: 29/06/2011

The Law -

Kidnapping is dealt with under section 39 of the Criminal Law Consolidation Act 1935 (SA). A person will be guilty of a kidnapping offence if they take or detain another without that persons consent, with the intention of holding that person for ransom, or as a hostage, or with the intent to commit an offence against them or another.

If you have been charged with an offence under this section the team at Caldicott & Co can offer you advice and assistance.

The Maximum Penalty for Kidnapping

The maximum penalty for a basic offence is 20 years imprisonment. The maximum penalty for an aggravated offence is 25 years imprisonment.

An offence is aggravated if you:

• deliberately and systematically inflicted severe pain on the victim
• used, or threatened to use, an offensive weapon
• committed the offence against a police or prison officer
• tried to dissuade a victim from participating in legal proceedings
• knew the victim was under 12 years of age
• knew the victim was over 60 years of age
• committed the offence against a former spouse/partner
• committed the offence against your child or a child of your former spouse/partner
• committed the offence in company with another person
• abused a position of trust or authority
• committed the offence against a disabled person
• committed the offence against a person who was vulnerable because of their employment, or
• committed the offence in contravention of a court order (eg a bail agreement or restraining order).

What the prosecution must prove - Kidnapping

The police must prove that you:

• took the person or detained them
• they did not consent to that act, and
• you intended to hold them for ransom, or as a hostage, or to commit an offence against them.

Possible Defences - Kidnapping

You may have a defence to the charge if:

• the person consented to your act
• you had a bona fide right to possession of the person (eg it was your child)
• you were acting under duress
• you made an honest and reasonable mistake of fact
• you had a mental impairment at the time of the offence, or
• you were acting in self-defence, defence of another or defence of property.

For assistance with how to defend a kidnapping charge, contact Caldicott & Co Solicitors. Their specialised criminal law team can help you with your case.

The Court process - Kidnapping

This is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the District Court of South Australia.