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Kidhapping: s.90A Crimes Act
| This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon. |
s.90A Crimes Act
Maximum penalty – 14 years if liberated without substantial injury
Repealed 14.12.2001
| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
Angeles
(18)
NSW CCA [515]
13.12.2001
Elhalabi
NSW CCA [516]
13.12.2001 | s.90A | PG
PG | 3y
NPP 15m
3y
NPP 15m | AD
AD | Nil
Nil | With co-offenders planned to kidnap wealthy Chinese student and hold him for $8 mill ransom.
Angeles: Involved over several weeks before offence - acted as driver - waited in car while abduction took place - present and assisted when complainant bound and moved to another location 6 days later - unaware of the amount of the ransom demand.
Elhalabi: Agreed to participate for $1000 - drove car to place of abduction - complainant placed in boot of car. |
Snowsill
NSW CCA [157]
6.5.2002 | s.90A
Sched:
Take and drive conveyance
Mal damage
Larceny
2 x Resist arrest
Att take & drive | PG | 4y
NPP 2y | AD | criminal record | Caught attempting to steal car and pursued by police - Entered car of 72y female - Locked car and attempted to force complainant to drive - Drove 15m only - No injury |
Drummond
(36)
Crook
(29)
Taranto
(42)
NSW CCA [413]
9.10.2002 | s.90A | VG | 4y 4m
NPP 3y 3m
4y
NPP 2y
3y 8m
NPP 2y 9m | AD
AD
AA
3y
NPP 2y 3m | lengthy - assault - breached parole
nil
extensive - breached bail | Victim a sexual worker accused by D of stealing drugs - Detained in bedroom over several hours by D and C - Assaulted - Escaped from room but returned by T - T less culpable - Threatened by D with firearm |
Schultz
(31)
NSW CCA [462]
15.11.2002 | s.90A
Sched:
Rob in Co | PG | 5y
NPP 2y 6m | AA
4y
NPP 2y 3m | old record - no imprisonment | Assisted co-offender in luring male victim to residence, handcuffing at gunpoint, taking him to office and demanding money - took wallet and withdrew money
Parity only
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s.90A Crimes Act
Maximum penalty – 20 years (substantial injury)
Repealed 14.12.2001
Francis
(24)
NSW CCA [51]
8.3.2002 | 2 x s.90A | PG | 3y
NPP 12m | Crown AA
4y
NPP 2y |  | With 2 co-offenders detained two men over several hours – Complainants subjected to serious assaults and extreme fear for life |
McGourty
(41)
NSW CCA [335]
13.8.2002 | s.90A
Sched:
B & E
PHBI
Possess knife in public place
Enter premises | PG | 2y (suspended) | Crown AA
3y
NPP 2y | nil | Drove vehicle for co-offenders - Security guard kidnapped from shopping centre and driven to remote area - Threatened with knife - Tied up and left
Suffering depression at time of offence - Good prospects of not re-offending - Involved with co-offender - Changes since offence |
Crawley
(19)
NSW CCA [149]
26.5.2003 | s.90A | PG | 10y
NPP 6y 6m | AA
8y 9m
NPP 5y 9m
(parity only) | Minor | With three co-offenders detained 15y girl for four days – Believed she had informed on one offender – Victim tied up, tortured, burned and assaulted, sexually assaulted, choked – Worst case category
Severely disadvantaged childhood with sexual and physical abuse – Intellectual disability, limited social skills and behavioural problems - Parity |
Hendradinata
(20)
Rossi
(18)
Antatedjo
(19)
NSW CCA [161]
27.6.2003 | s.90A
s.90A
s.33
s.90A
s.33 | VG
VG
VG | 4y
NPP 1y 6m
4y
NPP 1y 6m
12m
NPP 6m
Total:
4y 6m
NPP 2y
4y
NPP 1y 6m
12m
NPP 6m
Total:
4y 6m
NPP 2y | Crown AA
5y
NPP 3y
5y
NPP 3y
5y
NPP 3y
Total:
6y
NPP 4y
5y
NPP 3y
5y
NPP 3y
Total:
6y
NPP 4y | Not stated | In company with other offenders victim lured into unit and detained for four days – Severely beaten, kicked, punched and hit with baseball bat – Threatened with weapons including gun and sword – Money take from bank account – Attempt to extort
Offenders played significant but not main role
Indonesian nationals – Good family backgrounds – Good prospects of rehabilitation – Failure to show remorse or take responsibility for offence |
Stott
(59)
NSW CCA [36]
17.2.2005 | s.90A | PG | 13y
NPP 9y | AD | Prior convictions for similar offences although treated leniently at time – breached bail | Kept young female complainant and her infant son as virtual slave over there years – V assaulted, burnt and forced to take part in prostitution
Ill health
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