Kidnapping
Under section 86 of the Crimes Act 1900, a kidnapping is defined as an offence that involves taking or detaining a person for ransom, with the intention of committing a serious indictable offence or with the intention of obtaining any advantage.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Maximum penalty that can be imposed by the Supreme Court |
| Taking and detaining a person for ransom | Not applicable | 14 years imprisonment | 14 years imprisonment |
| Taking and detaining a person with the intent of committing a serious indictable offence | Not applicable | 14 years imprisonment | 14 years imprisonment |
| Taking and detaining a person with the intent of obtaining an advantage | Not applicable | 14 years imprisonment | 14 years imprisonment |
| Taking and detaining a person in company for ransom | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person in company with the intent of committing a serious indictable offence | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person in company with the intent of obtaining an advantage | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person for ransom and occasioning actual bodily harm to that person | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person with the intent of committing a serious indictable offence and occasioning actual bodily harm to that person | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person with the intent of obtaining an advantage and occasioning actual bodily harm to that person | Not applicable | 20 years imprisonment | 20 years imprisonment |
| Taking and detaining a person in company for ransom and occasioning actual bodily harm to that person | Not applicable | 25 years imprisonment | 25 years imprisonment |
| Taking and detaining a person in company with the intent of committing a serious indictable offence and occasioning actual bodily harm to that person | Not applicable | 25 years imprisonment | 25 years imprisonment |
| Taking and detaining a person in company with the intent of obtaining an advantage and occasioning actual bodily harm to that person | Not applicable | 25 years imprisonment | 25 years imprisonment |
Child Abduction
Definition:
Under Section 87 of the Crimes Act 1900, it is a criminal offence for a person to take or detain a child under the age of 12 with the intention of removing or keeping the child from the lawful control of any person with parental responsibility for the child, without that person’s consent, or to take or detain a child with the intention of stealing from the child.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Maximum penalty that can be imposed by the Supreme Court |
| Take/detain a child with the intent of removing the child from any person having parental responsibility for the child | Not applicable | 10 years imprisonment | Not applicable |
| Take/detain a child with intent to steal from the child | Not applicable | 10 years imprisonment | Not applicable |