Being charged with kidnapping is serious and requires experienced legal representation. If you require legal representatives that will strive to get you the best outcome, then contact Josh and James at McKenzie McLoughlin Law. We are former prosecutors who know the law, the cases and the defences.
What must the Police prove?
To have a person convicted of kidnapping, the Prosecution must prove each of the following matters beyond a reasonable doubt:
- The accused person took or detained a person, and
- This was done without the consent of the person who was taken or detained, and
- This was done with the intention of either holding the victim to ransom or obtaining any other advantage.
In addition to the above, there are also aggravated forms of the offences which involve such things as committing the offence in company of others, or causing actual bodily harm to the victim. There are also specially aggravated offences of kidnapping where the offence was committed in company and actual bodily harm was occasioned to the victim.
What is meant by detaining a person?
To detain a person means to prevent that person from leaving should he or she wish to do so. It is an interference with a person’s liberty. It is enough if the detaining was only for a very short period of time.
What is meant by ‘obtaining an advantage?’
It must be proved by the Prosecution that there was an intention of obtaining an advantage. It is not necessary that the advantage was actually achieved. In respect of the advantage, it need not be financial. Psychological or sexual gratification is enough. It must be proved by the Prosecution that the advantage intended to be obtained by the detention existed at some stage during that period of detaining the person. As such, that intention need not exist for the whole of the period of detaining a person.
Are there any defences to a kidnapping charge?
Possible defences to a charge of kidnapping include but are not limited to duress, necessity or self-defence.
Why choose McKenzie McLoughlin Law?
Our experience is your greatest advantage. This is because our two criminal lawyers have the combined experience of being criminal investigators for the NSW Police Force Detectives, and have also acted as Prosecutors for the Police and DPP. If you want to know how the other side works, then come to us. Not only do we know how the Police investigate their matters, but we are passionate about representing our clients. We know the law, the cases, and the defences available. We have access to the most experienced barristers in New South Wales. Contact Josh and James for representation today.