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What the law says about Kidnapping

Section 354 (2) of the Criminal Code Queensland states:

A person kidnaps another person if the person unlawfully and forcibly takes or detains the other person with intent to gain anything from any person or to procure anything to be done or omitted to be done by any person.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused took or detained another person.
  2. The taking or detention was done forcibly.
  3. The taking or detention was unlawful. That is, not authorised, justified or excused by law.
  4. The accused intended to gain anything from the person or to procure anything to be done or omitted to be done by any person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Maximum penalty

The Maximum penalty for the offence of Kidnapping is 7 years imprisonment.

Which court will hear the matter

This matter is an indictable offence which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Intoxication
  4. Identification-not the accused
  5. Consent-the ‘taking’ was not forced


Our Criminal Lawyers are experienced in a broad range of Violent Offences, including Kidnapping. If you need quality advice or representation don’t hesitate to contact Potts Lawyers.

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