In Australia, kidnapping is a serious crime that has caused significant concern among the country’s citizens. Kidnapping is the taking of a person against their will, and it can have severe consequences for the victim and their loved ones. It also remains a threat in other countries including in South America and Southeast Asia, Afghanistan and Pakistan, as well as parts of the Middle East, Eastern Sabah, Malaysia and the Southern Phillipines.
What about Australia? There are various reports about alleged kidnapping cases in Australia involving locals and foreigners across the country. The incidents have included child abduction, ransom kidnappings, and political abductions. Learn more about kidnapping statistics worldwide (United Nations Office of Drugs and Crime, UNODC).
The Crimes Act 1900 (NSW) provides for the penalties for kidnapping. The maximum sentence for most kidnapping offences is 14–15 years in prison. The maximum sentence, however, rises to 20 years in jail if you were with another person or people or if you hurt the complainant.
When you were with another person or people and inflicted physical injury to the complaint, the maximum penalty increases to a 25-year full-time prison sentence. In this article, we will explore the issue of Australia kidnapping, including the causes, types, and prevention measures.
Causes of Australia Kidnapping
Kidnapping is a heinous crime that has plagued many countries, including Australia. The reasons for kidnapping can vary, but some common causes of kidnapping in Australia include the following:
Financial Gain
One of the most common reasons for Australia kidnapping is financial gain. Kidnappers target wealthy individuals or their family members and demand a ransom for their release. In some cases, the kidnappers may demand a large sum of money from the victim’s family or business associates. This type of kidnapping is known as “express kidnapping” and is a quick way for criminals to make money.
Revenge
Another reason for kidnapping is revenge. Kidnappers may target someone they believe has wronged them or their loved ones. Until the person who caused the victim’s perceived injustice is brought to them, the kidnapper may hold them hostage.
Terrorism
Terrorism is another cause of kidnapping in Australia. Terrorist groups may kidnap individuals or groups of people to make a political statement or demand the release of their members in custody. These types of kidnappings are often high-profile and receive a lot of media attention.
Domestic Disputes
Australia kidnapping can also occur in cases of domestic disputes. A parent may take a child without the other parent’s permission, or a spouse may kidnap their partner in an attempt to reconcile. These kidnappings are often emotionally charged and can have long-lasting effects on the individuals involved.
Types of Kidnapping in Australia
There are several types of Australia kidnapping. These include:
- Stranger abduction: When someone unfamiliar to the victim takes them without consent.
- Domestic kidnapping: When a parent or family member takes a child.
- Terrorist kidnapping: When a terrorist group or an individual kidnaps someone for political or financial gain.
- Virtual kidnapping: When someone contacts a person by someone claiming to have kidnapped a loved one and demands payment for their release.
- Workplace kidnapping: When the abductor seeks revenge during a dispute.
Domestic Kidnapping
Domestic kidnapping occurs when one family member takes another family member without their consent. This can happen in various situations, including custody disputes, family violence, and child abduction.
The Family Law Act 1975 governs matters relating to family law. According to this Act, it is illegal to take a child away from the other parent without their consent or a court order. This includes situations where a parent takes a child interstate or overseas without the other parent’s permission.
According to the Australian Federal Police, there were 68 parental abductions in Australia in the 2019-2020 financial year. These abductions cause immense stress and trauma for the child and the left-behind parent. Sometimes, the abductor may take the child overseas, making it even more difficult for the left-behind parent to reunite with their child.
Domestic kidnapping is not limited to parental abductions. Spousal abductions, where one partner takes the other without consent, are also significant. These abductions often occur in the context of domestic violence, with the abductor seeking control and power over their partner.
The impact of domestic kidnapping on the victim and their loved ones can be devastating. It can cause long-term psychological trauma, disrupt family relationships, and cause financial difficulties. Sometimes, the victim may never be found, leaving their loved ones with a lifetime of uncertainty and grief.
Prevention Measures
Prevention is critical to reducing the incidence of Australia kidnapping. Some measures that individuals and organisations can take to prevent abductions include being aware of their surroundings and avoiding high-risk areas, keeping a low profile on social media and not sharing personal information publicly, and educating children about the dangers of strangers and how to stay safe.
Preventing domestic kidnapping involves being vigilant and taking action when warning signs occur. Here are some steps to avoid domestic kidnapping:
- Get a custody order. A custody order can outline who has legal custody of the child and can help prevent custody disputes.
- Keep records. Keep detailed records of all custody arrangements, including when and where the child is supposed to be.
- Communicate. Communicate with the other parent or caregiver regularly and update them on any changes in the child’s schedule.
- Seek legal assistance. If you suspect that a domestic kidnapping may occur, seek legal help immediately.
- Educate children. Teach Australian children about safety and what to do if they feel unsafe or uncomfortable.
Australia Kidnapping Cases
There have been several reported cases of kidnapping in NSW and other states of Australia which has caused concern and fear among residents.
The Case of Cleo Smith
One of Australia’s most high-profile kidnapping cases in recent years is that of Cleo Smith. The four-year-old girl went missing from her family’s tent in Western Australia in October 2021. After a massive search, Cleo was found alive and healthy 18 days later in a house in the nearby town of Carnarvon.
Her abductor, a 36-year-old man, was arrested and charged with kidnapping. This case shows the importance of community involvement in locating missing persons and law enforcement’s need for immediate action.
The Case of Daniel Morcombe
The abduction of Daniel Morcombe is one of the most notorious child abduction cases in Australia. On December 7, 2003, the then 13-year-old Daniel Morcombe was abducted while waiting for a bus under the Kiel Mountain Road Overpass in Sunshine Coast, Queensland. After his disappearance, the Queensland Police Service launched a large-scale investigation that lasted many years.
The case saw a breakthrough in 2011 when Brett Peter Cowan was arrested and charged with Daniel’s murder. Cowan had a long criminal record, including charges of sexual assault and child molestation. He had been living in the area around the time of Daniel’s disappearance.
In 2014, Cowan was found guilty of murder and sentenced to life in prison. The conviction was based on DNA evidence found at the crime scene, as well as a confession that Cowan had made to an undercover police officer.
The Moora Brothers Abduction
In a more recent case, a 34-year-old male was detained by WA Police, and accused of two counts of holding a child under the age of 16, two counts of aggravated burglary, deprivation of liberty, using a false identity to commit an offence, and criminal damage.
The CCTV footage shows that Jonathon Anthony entered the back gate of the property, broke into their home, and abducted the younger brother. Moments later, he came back to snatch the older brother but 12-year-old boy managed to break free and ran back to the house to raise the alarm. The police found the man at a nearby home and arrested him.
Seek Immediate Legal Assistance
The victims and their families may suffer terrible consequences as a result of the awful act of Australia kidnapping. The Australian government and law enforcement agencies take these cases very seriously and work tirelessly. Lawyers can play a vital role in preventing and resolving such cases, and it is crucial to seek legal help as soon as possible.
Kidnapping cases are traumatic events that require skilled legal assistance. Our highly-skilled lawyers at JB Solicitors can provide services to victims and their families, including legal representation, negotiating with kidnappers and the New South Wales Police, and advocating for the victim’s interests in court.
If you or someone you know has been a kidnapping victim in Australia, it is crucial to seek legal advice and assistance as soon as possible.
Contact us immediately.
