The criminal offence of Specially Aggravated Kidnapping is a strictly indictable offence that can lead to severe repercussions. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Specially Aggravated Kidnapping.
If you or anyone you know have been accused or charged with the criminal offence of Specially Aggravated Kidnapping, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF SPECIALLY AGGRAVATED KIDNAPPING?
Section 86(3) of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to take or detain a person, without the person’s consent:
- With the intention of holding the person to ransom, or
- With the intention of committing a serious indictable offence, or
- With the intention of obtaining any other advantage
and to do so:
- In the company of another person or persons, and
- At the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF SPECIALLY AGGRAVATED KIDNAPPING?
The penalties for a conviction of the criminal offence of Specially Aggravated Kidnapping can be severe.
Section 86(3) of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 25 years imprisonment for a person convicted of the criminal offence of Specially Aggravated Kidnapping.
WHAT ARE THE DEFENCES AGAINST GUILT FOR THE OFFENCE OF SPECIALLY AGGRAVATED KIDNAPPING?
Duress: You may defend a Specially Aggravated Kidnapping charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.
Necessity: The defence of necessity may be used in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.
Did not Commit the act: That you did not do what the prosecution alleges.
Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.
CAN I GET BAIL FOR A SPECIALLY AGGRAVATED KIDNAPPING CHARGE?
Yes, you may be granted bail on a charge of Specially Aggravated Kidnapping. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who have been charged with serious criminal offences, including Specially Aggravated Kidnapping.
ANOTHER VICTORY FOR CRIMINAL LAWYERS GROUP!
Our Principal and award-winning criminal lawyer Mr Steven Mercael successfully defended our client in the Supreme Court of NSW against an Appeal from the Crown, which had sought to increase the punishment that the District Court of NSW imposed on our client for the convictions of specially aggravated break and enter and commit the serious indictable offence of intimidation in company and armed with a dangerous weapon and specially aggravated kidnapping with intent to hold for ransom in company and occasioning actual bodily harm.
Despite each of these convictions carrying a maximum penalty of 25 years imprisonment, the client was sentenced by the District Court of NSW to a total of 8 years and 6 months imprisonment. The Crown appealed this sentence in the Supreme Court of NSW on the ground that the sentence was manifestly inadequate.
Mr Mercael vehemently defended his client from the Crown’s attempt to increase the penalty and was successful, with the Supreme Court of NSW dismissing the Crown’s Appeal.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Specially Aggravated Kidnapping, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, the withdrawal of charges and the avoidance of prison sentences for our clients across NSW who have been charged with the criminal offence of Specially Aggravated Kidnapping.