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Toronto Kidnapping Lawyer

Kidnapping is a very serious criminal offence that deals with an accused person taking their victim(s) from one place to another without their consent.  It is a particularly serious offence given the victim’s liberty interests and is often laid in conjunction with other violent offences.  The Criminal Code of Canada sets out the offence in section 279(1):

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.

The crown attorney must prove that the accused person took or moved a person from one place to another without their consent and without lawful authority.  Kidnapping is a specific intent offence so the crown must also prove beyond a reasonable doubt that that accused person intended to do one or more of the things listed in subsections (a) to (c).

What is the Punishment for Kidnapping?

Kidnapping is a straight indictable offence and contains several mandatory minimum sentences.  The sentences prescribed differ based on the circumstances.  If a firearm is used and the accused is acting at for the benefit of a criminal organization the maximum penalty is life in prison.  The minimum sentence in these circumstances is 5 years for a first offence, and 7 years for a subsequent offence.

Otherwise, if a firearm is used in the commission of a kidnapping offence the maximum punishment is life in prison.  The mandatory minimum sentence in this circumstance is four years in a penitentiary.

If the victim in a kidnapping case is under the age of 16 and the accused is a parent or guardian, the mandatory minimum sentence is five years in prison (with a maximum sentence of life in prison).

Whether it’s negotiating your case for a non-custodial disposition or fighting for an acquittal at trial, the Law Office of Michael P. Juskey is here for you.  We are dedicated to helping good people through difficult times.

Frequently Asked Questions:
How Will a Criminal Record Affect Me?
What Are the Stages of  a Criminal Case?
What is a Peace Bond?
What is the PARS Program? 

Click here to speak with Toronto Kidnapping Lawyer, Michael P. Juskey.