This is a serious charge, which is heard in the County or Supreme Courts and the consequence of a conviction are serious involving possible imprisonment.

You and your lawyer will need to consider many questions before deciding how you will plead. Did you take or carry another person away? Did you use force or trick them? Did the person consent to being taken away? Did you have an excuse for your actions? Did you act alone?

All these questions and many more, need to be discussed with an experienced lawyer who specialises in criminal law.

According to VIC Law for the charge of Kidnapping:

Crimes Act 1958 – SECT 63A Kidnapping

Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

According to VIC Law for the charge of Kidnapping, the maximum penalty for this charge is 25 years imprisonment.

The charge of kidnapping is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

(a) The accused takes, entices away or detains another person with the intent of demanding payment, or some other advantage from the detained person, or any other person.

Factual dispute
Identification dispute
Lack of intent