What the law says about Kidnapping for Ransom
Section 354 A of the Criminal Code Queensland states:
A person who
- with intent to extort or gain anything from or procure anything to be done or omitted to be done by any person by a demand containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, takes or entices away, or detains, the person in respect of whom the threats are made; or
- receives or harbours the said person in respect of whom the threats are made, knowing such person to have been taken or enticed away, or detained;
is guilty of the crime kidnapping with ransom..
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused took, enticed or detained another person.
- The accused intended to extort or gain anything or procure anything to be done or omitted to be done by any person.
- By a demand containing threats of any injury or detriment of any kind to be caused to the person taken, enticed away or detained, by the defendant or another, if the demand was not complied with.
The police must prove the accused received or harboured the person in respect of whom the threats ( of any injury or detriment of any kind ) were made, knowing that person to have been so taken or enticed away or detained.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
The Maximum penalty for the offence of Kidnapping for ransom is 14 years imprisonment.
Which court will hear the matter
This matter is an indictable offence which means that it is dealt with in the District Court.
Possible defences to this offence include but are not limited to
- Knowledge of an offence
- Identification-not the accused
- Consent- ‘Taking’ not forced.
- No demand made for payment of ransom.
If you have been charged with Kidnapping for Ransom you need an experienced lawyer to represent you. Our Criminal Laywershave experience in a range or Violent Offences, including Kidnapping cases. Contact Potts Lawyers for sound advice and representation.