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Kidnapping

Other Criminal Offences – WA

Welcome to the WA Kidnapping article page. Everything you need to know about Kidnapping according to WA Law.

What the Law states according to WA Law for Kidnapping

According to WA Law for the charge of Kidnapping:

Section 332: Any person who detains another with intent to –

(a) Gain a benefit, pecuniary or otherwise for any person;
(b) Cause a detriment, pecuniary or otherwise to any person;
(c) Prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or
(d) Compel the doing of an act by a person who is lawfully entitled to abstain from doing that act,
by threat, or by demand, or by threat and by demand, is guilty of a crime.

A person ‘detains’ another if they take or entice another person away or if they confine or detain another person in any place.

A “threat” means a threat to kill, injure, endanger or cause harm or detriment to any person.

The Maximum Penalty – Kidnapping

According to WA Law for the charge of Kidnapping:

The maximum penalty is 20 years imprisonment.

What the Police must prove according to WA Law for Kidnapping

(1) That the person detained another person;
(2) That the offender intended to detain another for any of the above reasons; and
(3) That there was a reasonable belief that a threat or demand had been made.

It is important to note that the Police do not have to prove that a threat was actually made, as the threat can be inferred.

Possible Defences under WA Law – Kidnapping

(a) Duress;
(b) Insanity;
(c) Emergency;
(d) Identification (ie. the accused is not the person who kidnapped the victim); and
(e) Consent.

In WA which court will hear the matter – Kidnapping

The matter would be heard in the District Court.

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