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Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You took or detained a person;
  2. Without the consent of the person; and
  3. With the intention of either holding the person to ransom or obtaining any other advantage.

In some instance the police will allege the offence is aggravated in which case the prosecution must also prove:

  1. You were in company with another person or other persons; or
  2. Immediately before, at the time of, or after the commission of the offence, actual bodily harm was occasioned on the victim.

In other instances the police will allege the offence is specially aggravated in which case the prosecution must also prove:

  1. You were in company with another person or other persons; and
  2. Immediately before, at the time of, or after the commission of the offence, actual bodily harm was occasioned on the victim.

Where the alleged victim is under the age of 16 years, the age of the victim is an additional element that the prosecution will have to prove.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

Kidnapping charges carry a maximum penalty of 14 years imprisonment in the District Court. Aggravated kidnapping carries a maximum penalty of 20 years imprisonment in the District Court and Specially aggravated kidnapping carries a maximum penalty of 25 years imprisonment in the District Court. Any form of Kidnapping is considered an extremely serious offence. We advise that you contact one of our solicitors immediately if you are charged with this offence.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with kidnapping charges and the assault of his estranged girlfriend.

Despite facing a serious indictable charge that carries a penalty of 14 years imprisonment, 3 charges for common assault increasing the maximum penalty to 21 years imprisonment, and having no presumption in favour of bail we were determined to fight for our client.

We advised him to apply for bail in the local court due to the considerable weaknesses we found in the prosecution’s case.

We fiercely argued that the evidence of injury to the victim was absent and at best inconsistent with the allegations against our client.

We disputed critical facts in the prosecution’s case, arguing against the victim being detained against her will and that the victim was freely accompanying our client without attempting to escape.

Our team of criminal lawyers researched every possible flaw in the prosecution’s case which we successfully argued to the court.

Instead of finding himself in remand custody for an unknown period, our client has been able to remain at liberty and employed while he awaits trial – at which we will vigorously defend his innocence.