by Doogue & O'Brien Criminal Defence Lawyers

How serious is Kidnapping? What’s the max penalty & which Melbourne Court hears this charge?

Kidnapping is a very serious offence which normally carries a prison term on a finding of guilt. It is an indictable offence and is heard in the County Court. There is a maximum penalty of 25-year imprisonment for anyone found guilty of a Kidnapping charge.


The legislation on Kidnapping

Section 63A of the Crimes Act 1958 is the relevant law for Kidnapping and is as follows:




Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).


Pleading guilty or not guilty to Kidnapping in a Melbourne Court

Deciding on whether to plead guilty to Kidnapping or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.


Elements of the charge of a Kidnapping case in a Melbourne Court                                                                

The Prosecution must show that the accused took, enticed, or detained a person with the intent of demanding payment or some other advantage from the detained person or another person.


Defending the charge of Kidnapping in a Melbourne Court                            

Defending the charge of Kidnapping often involves issues of consent. Lack of intent is also often cited in many cases. Defence lawyers also rely on factual or identification issues.


For more information on Kidnapping, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)


This article was written on July 30, 2012 and relates to the law that it stands at this time.


We welcome your feedback

Hi there! We want to make this site as good as it can for you, the user. Please tell us what you would like to do differently and we will do our best to accommodate!

Protected by FormShield

We've updated our Privacy Statement, before you continue. please read our new Privacy Statement and familiarise yourself with the terms.