What the law says
Sections 355 of the Criminal Code Queensland states:
Any person who unlawfully confines or detains another in any place against the person’s will, or otherwise unlawfully deprives another of the other person’s personal liberty, is guilty of a misdemeanour.
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.
- Confined or detained another person in any place;
- Against the other person’s will.
Or the accused:
- Deprived another person of personal liberty.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
The Maximum penalty for the offence of Deprivation of liberty is 3 years imprisonment
Which court will hear the matter
This matter is indictable which can only be dealt with in the District Court.
Possible defences to this offence include but are not limited to
- Honest and reasonable belief the person was consenting.
- The complainant was free to leave
- The complainant consented