This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

Basic offence:
s.86 (1)(a) with intent hold person for ransom
s.86(1)(b) with intent of obtaining advantage
Maximum penalty - 14 years

Case	Offence	Plea	Sentence	Appeal	Record	Facts
Lee (31) NSW CCA [391] 18.12.2003	s.86(1)(b) Sch: s.33B s.114(1)(d) 3 x Assault	PG	6y 6m NPP 3y 6m	AA 5y NPP 2y 6m	Prior convictions – no custody	Entered school to steal money when teacher and students returned to classroom – Hid in storeroom before emerging and locking teacher and students in room – Pretended to have bomb – 3 children assaulted – Threatened with knife – Offence committed over 20 minutes Bizarre behaviour – Insufficient weight given to mental illness
Pearson (25) NSW CCA [129] 7.5.2004 NSW CCA [151] 13.5.2004	3 x s.85A(1) (basic offence - max penalty 14 years) Sched: 12 x s.85A(1) Possess knife at school	PG	8y 6m NPP 5y 6m	AA 5y NPP 3y	Minor – breached bond	Entered classroom and detained teacher and children for one hour – Can of petrol placed in middle of floor – Children badly affected Upset over lack of access to daughter over Christmas – Major depressive illness – Possibly PTSD – Suicidal – Fresh evidence as to mental condition – Stopped medication in medical advice
DRR (23) NSW CCA [126] 7.5.2004	s.86(1)(b)	PG	4y 6m NPP 2y 3m	AD	Dishonesty, drugs, driving	Female victim provided appellant with lift in return for assistance with loading car – appellant’s behaviour became increasingly bizarre and threatening – appellant took over driving – made threats to kill and rape – stopped car and forced victim to accompany him along street before being apprehended by police. Drug induced psychosis – remorse – dysfunctional family – sexually abused
Falls (33) NSW CCA [335] 1.10.2004	s.86(1)(b)	PG	8y NPP 6y	AA 6y NPP 4y 6m	Prior record includes Aggravated sexual assault on 12 y old female victim returning home from school whom applicant followed and threatened with a heavy chain. Subject offence committed in breach of parole.	Followed 12y girl on way home from school – tried to force her into a block of flats but she ran away – offender denied any sexual intent and said he only wanted to have a conversation with V Had attended sex offender treatment in custody and on release – daily cannabis user - remorse
Heine NSW CCA [61] 16.4.2008	s.86(1)(b)	PG	4y NPP 2y	AD		Tied wife to bed with curtain tie – suspected wife was having an affair – threatened her with knife saying he would kill her. Mental disorder – depressive illness – alcohol dependence
Chaplin NSW CCA [40] 1.3.2006	s.86(1) (attempt) s.61L	PG	6y NPP 4y 2y NPP 18m Total: 7y NPP 5y	AD	Breached parole for sexual offence	Followed 12y girl from school – placed cloth over month but desisted when she screamed – Admitted to police he intended to touch her on the breasts – Followed 19y female on walking track touching her on stomach, head and vaginal area and kissed her on cheek – left when she screamed Intellectual impairment
RNM NSW CCA [375] 27.11.2006	s.59 s.86(1)	PG VG at trial for s.86(2)	1y 4m NPP 12m 5y NPP 3y 9m (concurrent)	AD	Prior offences	Believed 16y male victim stole money from offender – approached at bustop and insisted he rob female taking money to bank – V failed to carry out robbery – V detained in car, driven to various places and verbally and physically abused in car – offences committed in company “Those sentences are, in my opinion, markedly lenient sentences”

Aggravated Kidnapping s.86(2) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

Aggravated offence:
s.86(2)(a) in company OR
s.86(2)(b) actual bodily harm inflicted
Maximum penalty – 20 years

Case	Offence	Plea	Sentence	Appeal	Record	Facts
Anforth (29) NSW CCA [222] 12.8.2003	2 x s.86(2)(a)	PG	Each: 2y suspended (concurrent)	Crown AA Each: 2y NPP 10m (concurrent)	Not serious	With 2 co-offenders travelled to place where victims staying – Victims forced into car, handcuffed and driven to new location – Handcuffs removed with angle grinder – Respondent left group – Victims taken interstate by other offenders and further atrocities committed – Respondent armed with baseball bat – Lesser offender Remorse – Assistance – Good character evidence
Li NSW CCA [442] 13.12.2005 Co-offender: LIN	s.86(2)(a) Sched: Aggravated demand money w/menaces	PG	5y 4m NPP 3y 9m	AA 5y 4m NPP 3y 3m	Nil	Group of males accosted male victim and demanded money – Applicant took victim’s keycard - Victim assaulted while assailants tried to obtain PIN number – Attempt to extort $20,000 – Demands for money continued over a week. Assailants and victim were Chinese students.
Williams (30) Saunders (37) NSW CCCA [33] 23.2.2006	s.86(2)(a) s.86(2)(a) Cultivate plant Sched Deemed supply leaf	VG VG	4y NPP 2y 4y NPP 2y FT 9m (concurrent)	AA 2y 6m NPP 18m AD	Minor Nil – breached bail	Cannabis plants found growing in S’s garage during investigation into break in – Two days later S and wife picked up 14y burglar and detained in house for several hours – W called in to assist – V taken to forest area – attempt to find out accomplices – offence unplanned and out of character S – instigator and primary offender W – prospects of rehabilitation
Lin (22) NSW CCA [258] 25.8.2006 Co-offender: LI	s.86(2)(a)	PG	5y 4m NPP 3y 9m	AA 5y 4m NPP 3y 3m	Nil	Chinese student detained, threatened and assaulted over period of time by group of offenders – attempt to extort $20,000. Parity
Stavropoulos NSW CCA [333] 7.12.2007	s.86(2)(a)	PG	2y NPP 10m Suspended	Crown AD		Son died of drug overdose in V’s company – wished to question victim – paid two others to kidnap victim and bring in for questioning
Hammond NSW CCA [138] 10.6.2008	s.86(2)(b) Larceny	PG	7y 6m NPP 5y (12m concur)	AD	Record	Assaulted wife after evening out – punched and kicked her – forced head onto carpet and held down for ten minutes with foot – Forced head into lap and squeezed throat until complainant blacked out – stole credit card
Jeffries (38) NSW CCA [144] 26.6.2008	s.86(2)(b) s.86(1)(b)	VG	Total: 10y NPP 7y 6m	AD	Violence – breached bail and subject to AVOs	Detained and assaulted partner and her 15y daughter – choked partner and ripped out part of underneath portion of her tongue. History of domestic violence.
Owens NSW CCA [155] 14.7.2008 Co-offender: CARROLL	s.86(2)(b)	VG	6y NPP 4y	AD		In company of co-accused detained pregnant female victim who had been sharing A’s flat - V suspected of taking A’s money and wallet.
Kerr (38) NSW CCA [201] 29.8.2008	s.86(2)(b) Sched: 2 offences	PG	11y NPP 8y	AA Sentence backdated to reflect pre-sentence custody	Violence, dishonesty. On parole.	Recently ended relationship with victim - Attended victim’s home at night asking that she give him a ride – directed her to isolated area where victim was cut on foot with knife and threatened, punched and kicked – took victim to two homes during course of evening where she was tied with duct tape and subjected to further assaults and threats that she would be killed. Drug abuse.
Carroll (57) NSW CCA [300] 8.12.2008 Co-offender: OWENS	s.86(2)(a)	VG	6y NPP 4y	AD	Violence, drugs – breached bond	In company of co-accused detained pregnant female victim who had been sharing flat with co-offender- V suspected of taking co-offender’s money and wallet – V needed to go to hospital with contractions – aider and abettor
Bajouri (19) NSW CCA [125] 27.4.2009	s.86(2)(a) Schedule: Demand money; administer stupefying drug	PG	6y NPP 3y	AA 5y NPP 2y	Insignificant	In company of three others, detained V for 24 hours demanding that V telephone V’s father for $100k or V would be killed or tortured – forced V to take anti-psychotic tablets – V was aware of gun on table - father telephoned police – V and V’s father known to A and co-offenders through drug supply. Offence at upper end. Parity ground – A played lesser role than c-offenders - A became involved at last minute and had no part in planning of offence – younger age than co-offenders and lesser criminal antecedents.
Ha NSW CCA [83] 5.5.2010	s. 86(2)	VG	3y 4m NPP 2y 6m	AD	Nil	With cooffender – V and cooffender had been in a relationship - pre-planned offence - co-ordinated luring of V to A’s apartment with both offenders and larger unknown male present – tried to intimidate V into providing $50,000 – V physically attacked – A obtained around $14,000. Good rehabilitation prospects. Not a mid-range offence.
Yousif (21) NSW CCA [206] 8.9.2010	s.86(2)(a) Sched: s.99(2)	PG	5y NPP 3y	AD	nil	Victim driven to house in order to give offenders $13,000 by group of men – participated in hitting victim around the head and threatening him Stringent bail conditions
Ayoub (33) El Masri (32) NSW CCA [196] 6.9.2010	s.86(2)(a) s.86(2)(a) Sched: 2 offences	VG VG	7y NPP 5y 3m	AD	Record – breached conditional liberty Record including violence	Dispute over purchase of travel agency – two offenders took victim from home and detained him for two days in car repair premises – taken to motel and detained for further five days - took from victim almost $90,000 from bank accounts and forced transfer of car – Ayoub seeking to retrieve money he believed owed to him by victim - El-Masri assisting friend - victim well treated during detention

Specially Aggravated Kidnapping: s.86(3) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]