Kidnapping is the act of taking a person from one place to another without their consent, through the use of fear, intimidation, or manipulation to get them to cooperate. Generally, kidnapping is aimed at extortion or the intention to commit another crime. Taking a person against their will or that of their caregivers is a crime that is severely punished in Canada, especially where violence was used. If you are facing kidnapping charges, you need to get in touch with a criminal lawyer to help you fight the charges.
The offence of kidnapping is set out in Section 279 of the Criminal Code of Canada which reads as follows:
279(1) Every person commits an offence who kidnaps a person with intent
(a) To cause the person to be confined or imprisoned against the person’s will;
(b) To cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
(c) To hold the person for ransom or to service against the person’s will.
(2) Everyone who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of.
(a) An indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) An offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.
(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable.
(a) If a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of:
(i) In the case of a first offence, five years, and
(ii) In the case of a second or subsequent offence, seven years;
(a.1) In any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) In any other case, to imprisonment for life.
When a person is kidnapped, he or she has been taken against his or her will usually through forcible means, by threats against him or her or in some way of deceit. There is often an intent by the perpetrator that harm or injury may occur, but the person may expect a lengthy detainment. Kidnapping is usually accompanied with a ransom for money or other gains.
However, Abduction is called a few different things across the nation, and Oregon calls the crime Custodial Interference. In common law, abduction refers to a person taking away another person by persuasion, fraud, or open force. Abduction also specifically means the abductor unlawfully interferes with a family relationship, such as a child getting taken from their parent.
In kidnappings, it is not necessarily the case that the victim knows the perpetrator it may just as likely be an unstable stranger from the street. For abductions, it is most often the case that the abductor is a family member, such as a mother or father who may be involved in a custody battle, divorce, or other kind of family issues. Abducting the child is one method they might use to try to make statements about their case.
Although abduction and kidnapping were considered separate and independent crimes, they are not always mutually exclusive. In fact, some state statutes have used the terms “abduct” and “abduction” in defining the offense of kidnapping. However, both the terms refer to the unlawful taking or detention of one person by another.
Our skilled criminal defense attorneys know the legal defenses to these crimes. Some defenses we have successfully used to these charges include:
A crime of any kind is a serious sin and Kidnapping & Abduction are also considered as heinous. Both involve unlawful confinement of the person for some kind of concession or benefit. Criminals find kidnapping and abduction as an easy medium to seek privilege but both leave the victim mentally thrashed, stressed, and disturbed for their entire life.
If you have been accused of kidnap or abduction, it is essential to consult a specialist criminal solicitor as soon as you are able to do so. An experienced solicitor will have the necessary experience and knowledge to advise you in this complex area of the law.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.