Kidnapping and Child Abduction Charge - Lawyer / Solicitor Article.

Section 87 of the Crimes Act states:

1. A person who takes or detains a child with the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.
2. A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years. 
3. In this section:
   "child"means a child under the age of 12 years.
   "detaining a child"includes causing the child to remain where he or she is.
   "taking a child"includes causing the child to accompany a person and causing the child to be taken.
4. In this section, a reference to a person who has parental responsibility for a child is a reference to: (a) a person who has, in relation to a child, all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children, or (b) a person authorised to be the carer of the child under an Act relating to the care and protection of children.
   

Maximum Penalty - Kidnapping / Child abduction - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Kidnapping / Child abduction is 10 years imprisonment.

What the Police must prove - Kidnapping / Child abduction - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences - Kidnapping / Child abduction - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Self Defence

What court is likely to hear the matter - Lawyer / Solicitor Article

This matter is strictly indictable which means that it can only be finalised in the District Court.

Disclaimer


The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact criminallaw@armstronglegal.com.au 

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.

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