New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CRIMES ACT 1900 - SECT 86
Kidnapping
86 Kidnapping
(1) Basic offence A person who takes or detains a person, without the
person’s consent- (a) with the intention of holding the person to ransom, or
(a1) with the intention of committing a serious indictable offence, or
(b)
with the intention of obtaining any other advantage,
is liable to imprisonment
for 14 years.
(2) Aggravated offence A person is guilty of an offence under
this subsection if- (a) the person commits an offence under subsection (1) in
the company of another person or persons, or
(b) the person commits an
offence under subsection (1) and at the time of, or immediately before or
after, the commission of the offence, actual bodily harm is occasioned to the
alleged victim.
A person convicted of an offence under this subsection is
liable to imprisonment for 20 years.
(3) Specially aggravated offence A
person is guilty of an offence under this subsection if the person commits an
offence under subsection (1)- (a) in the company of another person or persons,
and
(b) at the time of, or immediately before or after, the commission of the
offence, actual bodily harm is occasioned to the alleged victim.
A person
convicted of an offence under this subsection is liable to imprisonment for 25
years.
(4) Alternative verdicts If on the trial of a person for an offence
under subsection (2) or (3) the jury is not satisfied that the accused is
guilty of the offence charged, but is satisfied on the evidence that the
accused is guilty of a lesser offence under this section, it may find the
accused not guilty of the offence charged but guilty of the lesser offence,
and the accused is liable to punishment accordingly.
(5) A person who takes
or detains a child is to be treated as acting without the consent of the
child.
(6) A person who takes or detains a child does not commit an offence
under this section if- (a) the person is the parent of the child or is acting
with the consent of a parent of the child, and
(b) the person is not acting
in contravention of any order of a court relating to the child.
(7) In this
section-
"child" means a child under the age of 16 years.
"detaining" a person includes causing the person to remain where he or she is.
"parent" of a child means a person who has, in relation to the child, all the
duties, powers, responsibilities and authority that, by law, parents have in
relation to their children.
"taking" a person includes causing the person to accompany a person and
causing the person to be taken.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback