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False Imprisonment

Other Criminal Offences – VIC

Welcome to the VIC False imprisonment article page. Everything you need to know about False imprisonment according to VIC law.

What the Law States according to VIC Law for False imprisonment

According to VIC Law for the charge of False imprisonment,

This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

The Maximum Penalty – False imprisonment

According to VIC Law for the charge of False imprisonment, 10 years maximum penalty pursuant to s320 of the Crimes Act 1958 (Vic).

What the Police must prove according to VIC Law for False imprisonment

1. Intentional and Unlawful total restraining of liberty of another person
2. Against his or her will

Possible Defences under VIC Law – False imprisonment

(1) Factual dispute
(2) Lack of intent
(3) Lawful excuse

In VIC which court will hear the matter – False imprisonment

County Court

 

Date: 09/01/2009

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