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. Our Criminal Lawyers, we have many years of experience as criminal defense lawyers, and we will help you formulate an excellent defense against the charges of kidnapping.
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.
(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
In the act of kidnapping, it requires three distinct actions on the part of the offender. First is the unlawful taking of the victim by force or intimidation. Second is the detaining of the victim. Third is committing the first two actions with the intent to achieve at least one of the following goals: to deprave the victim of personal liberty, to shield the person from those in charge of the victim, or to force the abducted person to do things against their will.
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, a crime of abduction is considered to be when a person has been taken away from his or her original location by persuading him or her, by some act of fraud or with a forceful way that may include violence.
Both crimes are very similar, but charges are quite different when issued against the accused. It is important to ensure the right charge has been issued to guarantee a court case commences with less difficulty. 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.
An accusation of kidnapping or child abduction can ruin your life. If you are facing these charges, you need to contact an experienced criminal defense attorney immediately. We will meet with you and plan a strategy for your defense so that you can obtain the very best outcome possible in your case.
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