NCJ Number
176831
Date Published
1998
Length
7 pages
Annotation
This paper examines provisions of Crimes Act 1900 (NSW) regarding kidnapping and penalties for that offense.
Abstract
Section 90A (the Act) provides for a single offense of kidnapping but sets out two maximum penalties, applicability determined by release of the victim without substantial injury. Part One of this report explores the nature of the offense of kidnapping under the Act by describing the characteristics of offenders, victims and the offenses, in addition to mapping sentencing patterns. Part Two analyzes the relevant law and practice, considers the unique structure of the Act, judicial interpretation of the term "substantial injury" and the desirability of legislative change. The report suggests that legislators may wish to consider amending the Act so that it conforms with more conventional standards of legislative drafting. Thus it would be clear from the outset which offense and maximum penalty applied and the Act would provide greater assistance to sentencers seeking to discover the range of penalties imposed for similar offenses. Notes, figures