Assaults / Violence Offences – VIC

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

What the Law States according to VIC Law for Kidnapping

According to VIC Law for the charge of Kidnapping,

Crimes Act 1958 – SECT 63A
Kidnapping

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).

The Maximum Penalty – Kidnapping

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.

What the Police must prove according to VIC Law for Kidnapping

(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.

Possible Defences under VIC Law – Kidnapping

(a) Consent
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent

In VIC which court will hear the matter – Kidnapping

The charge of kidnapping is heard in the County Court.

 

Date: 09/01/2009