The Crime of Kidnapping in New South Wales

A mother and daughter have been sentenced to imprisonment for detaining, assaulting and attempting to force a woman to transfer title to a car.

Judge Warwick Hunt of the Downing Centre District Court heard that between 3.40pm and 7pm on 16 August 2017, 55-year old Carol Raymonde, her daughter, 22-year old Yvonne Raymond and four other people entered the Nowra home of the owner of a Mazda 121 motor vehicle, detained her against within the premises, prevented her from calling police, assaulted her occasioning actual bodily harm and repeatedly demanded that she sign over the title.

Carol Raymonde was ultimately sentenced to four years and nine months in prison while her daughter received four years and three months.

Each were ordered to serve a minimum term of two years and nine months behind bars.

The offence of kidnapping  in NSW

Kidnapping is an offence under section 86 of the Crimes Act 1900 (NSW) which carries a maximum penalty of 14 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that the defendant:

1. Took or detained a person,
2. Did so without the other person’s consent
3. Intended by doing so to hold the person to ransom, or commit a serious indictable offence, or obtain any other advantage.

A serious indictable offence is one which is punishable by at least 5 years in prison, which includes larceny (stealing).

The maximum penalty increases to 20 years in prison where the defendant:

• Was in the company of another person or persons, or
• Caused actual bodily harm to the complainant.

Actual bodily harm is that which is more than ‘transient or trifling’, and includes lasting cuts or bruises.

The maximum penalty increases to 25 years in prison where the defendant was:

• the company of another person or persons, and
• Caused actual bodily harm to the complainant.

Defence to the charge include:

1. Self-defence
2. Duress
3. Necessity, and in cases where the act was done to obtain property
4. Claim of right

A claim of right defence is available where you are charged with an offence which contains an element of larceny (stealing) and you honestly believed on reasonable grounds you were entitled to the whole of the property you were attempting to obtain.