Facing a kidnapping or detain for advantage charge?
Section 86 of the Crimes Act 1900 (NSW) creates offences involving taking or detaining another person without consent for ransom, to commit a serious indictable offence, or to obtain another advantage. ED Legal provides advice and representation for these serious charges across NSW.
The legislation distinguishes the basic offence from aggravated and specially aggravated forms involving company and actual bodily harm. The evidence about consent, detention, purpose, injury and participation can be decisive.
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How we can help you
We can review statements, CCTV, phone and location data, messages, medical material and other evidence and identify the precise form of section 86 offence alleged.
We can advise before a police interview, prepare a defended case, make representations where appropriate and represent you through bail, committal and higher-court proceedings.
Before a police interview or court date
If police are investigating a kidnapping or detention allegation, obtain legal advice before deciding whether to participate in an interview. Statements about consent, movement, restraint or purpose can become central evidence.
Preserve messages, call records, location data and other material that may show the relationship between the parties and the sequence of events. Do not contact witnesses or complainants contrary to bail or other restrictions.
Understanding section 86
The basic offence under section 86 concerns taking or detaining a person without consent with the intention of holding the person to ransom, committing a serious indictable offence, or obtaining another advantage. More serious forms apply where the offence is committed in company or actual bodily harm is occasioned.
Basic offence
For the basic offence, the prosecution must prove the taking or detention without consent and the required purpose or intention. The maximum penalty is 14 years imprisonment.
Aggravated kidnapping
The aggravated offence applies where the basic offence is committed in company, or where actual bodily harm is occasioned to the alleged victim at, immediately before or immediately after the offence. The maximum penalty is 20 years imprisonment.
Specially aggravated kidnapping
The specially aggravated offence applies where the basic offence is committed in company and actual bodily harm is occasioned to the alleged victim at, immediately before or immediately after the offence. The maximum penalty is 25 years imprisonment.
Defending a kidnapping charge
A defence may involve disputing whether there was a taking or detention, whether the complainant consented, the accused person's identity or participation, or the intention said to make the detention criminal under section 86.
Where an aggravated form is charged, the prosecution must also prove the aggravating feature, such as company or actual bodily harm.
Phone records, location material, CCTV and the full communication history can be important where the parties give different accounts of movement, consent or purpose.
These charges can overlap with assault, robbery and other serious offences. Each count has separate elements and the prosecution theory should be tested as a whole.
How kidnapping matters progress through court
Kidnapping is a serious indictable offence and can progress beyond the Local Court. We can explain the procedural stage, the prosecution brief and the strategic decisions required as the case advances.
If a plea is under consideration, obtain advice about the exact subsection and agreed facts first because the purpose, duration, injury and role of any co-accused can materially affect sentence.
Bail and urgent issues
Kidnapping allegations commonly raise significant bail issues because of the seriousness of the charge and alleged risks concerning witnesses or further offending. Tell us immediately if you or a family member is in custody.
We can advise on proposed accommodation, reporting, non-contact conditions and other material relevant to a bail application.
Sentencing for section 86 offences
Sentencing depends on the particular subsection, duration of detention, purpose, treatment of the complainant, any injury, whether the offence was in company, prior history and personal circumstances. The statutory maximums range from 14 to 25 years imprisonment.
Preparing to speak with a lawyer
Tell us the exact wording or subsection of the charge, the court and next date, whether anyone is in custody and whether police rely on phone or location evidence. Preserve all relevant communications and records.
For advice about a kidnapping or detain for advantage charge, contact ED Legal for a free initial consultation. You can also review our Bail and serious criminal-law pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
