What the law says about Kidnapping
Section 354 (2) of the Criminal Code Queensland states:
A person kidnaps another person if the person unlawfully and forcibly takes or detains the other person with intent to gain anything from any person or to procure anything to be done or omitted to be done by any person.
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 or detained another person.
- The taking or detention was done forcibly.
- The taking or detention was unlawful. That is, not authorised, justified or excused by law.
- The accused intended to gain anything from the person or to procure anything to be done or omitted to be done by any person.
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 is 7 years imprisonment.
Which court will hear the matter
This matter is an indictable offence which means it is dealt with in the District Court.
Possible defences to this offence include but are not limited to
- Identification-not the accused
- Consent-the ‘taking’ was not forced