Kidnapping charges often come out of a dispute over money, drugs or a relationship, and the intent police allege is usually the key question. Talk to Joseph Rahim before you speak to police.
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These offences are in the Criminal Code Act 1899 (Qld). They are related, but each has its own elements.
Unlawfully and forcibly taking or detaining a person with intent to gain anything from anyone, or to make someone do or not do something.
Taking, enticing away or detaining a person to back up a demand containing threats, to extort or gain something. Receiving or hiding the person, knowing this, is also covered.
Unlawfully confining or detaining someone against their will, or otherwise unlawfully taking away their personal liberty. No intent to gain anything is needed.
The difference matters because kidnapping requires an intent to gain something or to make someone act, and the prosecution has to prove it. Deprivation of liberty is the less serious charge.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Do not contact them directly, online or through someone else, as contact can breach bail and lead to arrest.
You must give your name and address when asked. Get advice before you say anything else.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Kidnapping requires an intent to gain something or to make someone do or not do something. Deprivation of liberty does not.
No. Detaining a person can be enough, if the other elements are proved.
It starts in the Magistrates Court and is usually sent to a higher court for trial or sentence.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
