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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Kidnapping: s.90A Crimes Act 

s.90ACrimes Act
Maximum penalty - 14 years if liberated without substantial injury
Repealed 14.12.2001

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Angeles

(18)

[2001] NSWCCA 515

 

Elhalabi

[2001] NSWCCA 516

s.90A

 

 

 

s.90A

PG

 

 

 

PG

3y

NPP 15m

 

 

3y

NPP 15m

AD

 

 

 

AD

Nil

 

 

 

Nil

With co-offenders planned to kidnap wealthy Chinese student and hold him for $8 mill ransom.

A: involved over several weeks before offence - acted as driver - waited in car while abduction took place - present and assisted when victim bound and moved to another location 6 days later - unaware of amount of ransom demand.

E: agreed to participate for $1000 - drove car to place of abduction - victim placed in boot of car

Snowsill

[2002] NSWCCA 157

s.90A

 

Sched:

Take and drive 6 offences

PG

4y

NPP 2y

ADcriminal recordCaught attempting to steal car and pursued by police - entered car of 72y female - locked car and attempted to force victim to drive - drove 15 metres only - no injury

Drummond

(36)

 

Crook

(29)

 

Taranto

(42)

 

[2002] NSWCCA 413

s.90A

 

 

s.90A

 

 

s.90A

VG

 

 

VG

 

 

VG

4y 4m

NPP 3y 3m

 

4y

NPP 2y

 

3y 8m

NPP 2y 9m

AD

 

 

AD

 

 

AA

3y

NPP 2y 3m

lengthy - assault - breached parole

 

nil

 

 

extensive - breached bail

Sexual worker accused by D of stealing drugs - detained in bedroom over several hours by D and C - assaulted - escaped from room but returned by T - T less culpable - threatened by D with firearm

Schultz

(31)

[2002] NSWCCA 462

s.90A

 

Sched:

Rob in Co

PG

5y

NPP 2y 6m

AA

4y

NPP 2y 3m

old record - no imprisonment

Assisted co-offender to lure male victim to residence – handcuffed at gunpoint – took him to office and demanded money - took wallet and withdrew money

Parity only

 

 

 

s.90A Crimes Act
Maximum penalty – 20 years (substantial injury)
Repealed 14.12.200114.12.2001

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Francis

(24)

[2002] NSWCCA 51

s.90A

 

 

 

s.90A

PG

3y

NPP 12m

 

 

3y

NPP 12m

(concurrent)

Crown AA

4y

NPP 2y

 

4y

NPP 2y

(concurrent)

 With 2 co-offenders detained two men over several hours – victims subjected to serious assaults and extreme fear for life

McGourty

(41)

[2002] NSWCCA 335

s.90A

 

Sched:

B & E

PHBI

Possess knife in public place

Enter premises

PG2y (suspended)

Crown AA

3y

NPP  2y

nil

Drove vehicle for co-offenders - security guard kidnapped from shopping centre and driven to remote area - threatened with knife - tied up and left

Suffering depression at time of offence - good prospects of not re-offending - involved with co-offender - changes since offence

Crawley

(19)

[2003] NSWCCA 149

s.90A

PG

(20%)

10y

NPP 6y 6m

AA

8y 9m

NPP 5y 9m

(parity only)

Minor

With three co-offenders detained 15y girl for four days – believed she had informed on one offender – victim tied up, tortured, burned and assaulted, sexually assaulted, choked – worst case category

Severely disadvantaged childhood with sexual and physical abuse – intellectual disability, limited social skills and behavioural problems - parity

Hendradinata

(20)

 

 

Rossi

(18)

 

 

 

 

 

 

 

 

Antaredjo

(19)

 

 

 

 

(2003) 142 A Crim R 180

NSWCCA

s.90A

 

 

 

s.90A

 

 

s.33

 

 

 

 

 

 

s.90A

 

s.33

VG

 

 

 

VG

 

 

 

 

 

 

 

 

 

VG

4y

NPP 1y 6m

 

 

4y

NPP 1y 6m

 

12m

NPP 6m

 

Total:

4y 6m

NPP 2y

 

4y

NPP 1y 6m

 

12m

NPP 6m

 

Total:

4y 6m

NPP 2y

Crown AA

5y

NPP 3y

 

5y

NPP 3y

 

5y

NPP 3y

 

Total:

6y

NPP 4y

 

5y

NPP 3y

 

5y

NPP 3y

 

Total:

6y

NPP 4y

 

In company with other offenders victim lured into unit and detained for four days – severely beaten, kicked, punched and hit with baseball bat – threatened with weapons including gun and sword – money take from bank account – attempt to extort - offenders played significant but not main role

Indonesian nationals – good family backgrounds – good prospects of rehabilitation – failure to show remorse or take responsibility for offence

Stott

(59)

[2005] NSWCCA 36

s.90A

PG

(12%)

13y

NPP 9y

ADPrior convictions for similar offences although treated leniently at time – breached bail

Kept young female victim and her infant son as virtual slave over three years – victim assaulted, burnt and forced to take part in prostitution

Ill health

Green

[2017] NSWCCA 282

​s.90A [14y]

 

3 x s.61D(1) (NSW) Crimes Act [7y]

 

 

 

Att s.61D(1)

​PG
​3y 6m

 

2y

 

2y 6m

 

2y 6m

 

2y 4m

 

Agg:
7y 10m
NPP 4y 4m

​ADRecord but convictions not stated.
​(1984) – drove 17y old female away in vehicle - penile-vaginal, cunnilingus, fellatio - charged in 2012 following identification by DNA profile.

Juvenile at time of offence - psychiatric conditions

 Last updated 30/11/2017

 

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