Legal Research > Sentencing Tables

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Repealed 14.12.2001

CaseOffencePleaSentenceAppealRecordFacts

Angeles
(18)

NSW CCA [515] 13.12.2001



Elhalabi


NSW CCA [516]
13.12.2001

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.
Angeles: Involved over several weeks before offence - acted as driver - waited in car while abduction took place - present and assisted when complainant bound and moved to another location 6 days later - unaware of the amount of the ransom demand.
Elhalabi: Agreed to participate for $1000 - drove car to place of abduction - complainant placed in boot of car.

Snowsill


NSW CCA [157]
6.5.2002

s.90A

Sched:
Take and drive conveyance
Mal damage
Larceny
2 x Resist arrest
Att take & drive

PG

4y
NPP 2y

AD

criminal record

Caught attempting to steal car and pursued by police - Entered car of 72y female - Locked car and attempted to force complainant to drive - Drove 15m only - No injury

Drummond
(36)

 

 

 

 


Crook
(29)


 

 

Taranto
(42)

NSW CCA [413]
9.10.2002

s.90A

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

Victim a 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)


NSW CCA [462]
15.11.2002

s.90A

Sched:
Rob in Co

PG

5y
NPP 2y 6m

AA
4y
NPP 2y 3m

old record - no imprisonment

Assisted co-offender in luring male victim to residence, handcuffing at gunpoint, taking him to office and demanding money - took wallet and withdrew money
Parity only


 


s.90ACrimes Act
Maximum penalty - 20 years (substantial injury)
Repealed 14.12.2001

Francis
(24)


NSW CCA [51]
8.3.2002

2 x s.90A

PG

3y
NPP 12m

Crown AA
4y
NPP 2y

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

McGourty
(41)


NSW CCA [335]
13.8.2002

s.90A

Sched:
B & E
PHBI
Possess knife in public place
Enter premises

PG

2y (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)


NSW CCA [149]
26.5.2003

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)





 

Antatedjo
(19)

NSW CCA [161]
27.6.2003

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

Not stated

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)


NSW CCA [36]
17.2.2005

s.90A

PG (12%)

13y
NPP 9y

AD

Prior convictions for similar offences although treated leniently at time - breached bail

Kept young female complainant and her infant son as virtual slave over three years - V assaulted, burnt and forced to take part in prostitution
Ill health