Kidnapping
What is Kidnapping
Definition: Section 279 of the Criminal Code of Canada defines kidnapping as confining, imprisoning, or forcibly seizing another person without lawful authority, AND taking them away against their will.
Important Points
- Kidnapping is an extremely serious offence combining unlawful confinement with the added movement of the victim.
- It doesn’t matter how far someone is taken, nor how long they’re held. Taking someone away against their will, even briefly, is kidnapping.
- The purpose of the kidnapping (ransom, assault, etc.) can impact the severity of the charges.
Common Evidence
- Victim’s testimony about being taken against their will and any confinement.
- Witness statements supporting the victim’s account (if applicable).
- Security or surveillance footage showing any part of the incident.
- Evidence related to the motive for the kidnapping: ransom demands, notes, etc.
Penalties for Kidnapping
Kidnapping is always an indictable offence with potentially devastating consequences.
- Maximum Penalty: Life in prison.
How We Can Help
Securing Your Release: An arrest for kidnapping almost always involves being held for a bail hearing. It’s a complex process given the seriousness and nature of the charges. Although securing bail in kidnapping cases can be very difficult., we’ll present the strongest possible case for your release.
Fighting the Charges: We’ll meticulously examine every piece of evidence. Potential defences might focus on:
- Lack of any confinement or taking the person against their will.
- Lawful authority to restrict the person’s movement.
- Mistaken identity.
- Lack of criminal intent.
- Questions around the reliability of witness testimony and evidence.
Frequently Asked Questions
Can I be charged with kidnapping my own child?
Yes, in certain circumstances like custody disputes where a court order is violated, or if the child is taken out of the country against any legal restrictions.
Does it matter if I didn't harm the person physically?
Physical harm isn’t required for kidnapping charges, though it will likely impact the severity of possible sentencing.
What's the difference between kidnapping and forcible confinement?
Kidnapping involves taking the victim away, while forcible confinement focuses on the restriction of movement in place.
Let's Talk About Your Case
Kidnapping is an extremely serious charge that requires urgent legal advice. The sooner you contact a lawyer, the better your chances of building a strong defence. Contact us immediately for a free case review.
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