Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
A person who leads, takes or entices away or detains a person with intent to hold that person for ransom or for any other advantage to any person is guilty of the offence of kidnapping.
Penalties the court can impose:
- Imprisonment (Jail – Full Time)
- Intensive correction order (previously periodic detention)
- Suspended sentence
- Community service order (CSO)
- Good behaviour order
- Fine order
- Section 17 non conviction order
The Offence of Kidnapping:
Kidnapping is found at Section 38 of the Crimes Act 1900 (ACT).
On conviction, an offender faces a maximum penalty of 20 years’ imprisonment if the victim suffers any grievous bodily harm while being led, taken or enticed away, or detained.
In any other case, the maximum term of imprisonment is 15 years.
What Actions Might Constitute Kidnapping?
- Detaining someone against their wishes;
- Transporting someone somewhere against their wishes;
- Taking a child in contravention of a Parenting Order made by a court.
- That this was done for financial or other advantage. While financial advantage is easy to recognise, “any other advantage” is not defined in the legislation. It could include a case, for example, where two Crown witnesses in a forthcoming trial were kidnapped and forced to sign statements retracting the evidence that they were to give at trial. It could include kidnapping for sexual favours or detaining someone until they provided details of people or events sought by a kidnapper, or holding someone to make them hand over drugs or some other commodity.
What the Police Must Prove:
To convict you of the basic kidnapping charge in section 38, the police or prosecutors must prove each of the following matters beyond a reasonable doubt:
- You took or detained a person; and
- This was done without the consent of that person; and
- This was done with the intention of either holding the victim to ransom or obtaining any other advantage.
If seeking to expose you to the longer prison term, they must prove, again beyond reasonable doubt, that grievous bodily harm was inflicted. Grievous bodily harm is more serious than actual bodily harm, which is the standard for an aggravated form of the offence in other jurisdictions, such as NSW.
Possible Defences for Kidnapping:
Possible defences to a kidnapping charge include but are not limited to:
- Self Defence
- You are the parent of the victim if the victim is a child (only if not in contravention of an order of a Court regarding the child)
- You are acting with the consent of the victim’s parents if the victim is a child.
Which Court Will Hear Your Matter?
Kidnapping is strictly indictable which means that it can only be finalised in the Supreme Court.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000