Kidnapping and Forcible Confinement

Under Section 279 of the Criminal Code, “Kidnapping” and “Forcible confinement” involve severe violations of an individual's freedom and personal safety. These offences are treated with the utmost seriousness by the courts and can result in significant legal consequences.

Kidnapping and Forcible Confinement: Criminal Code Definition

Kidnapping (s. 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.

Forcible confinement (s. 279(2)) 

Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.

Have you been charged with kidnapping or forcible confinement? Call (306) 994-9522 to receive a free consultation with a criminal lawyer.

Penalties and Consequences for Kidnapping and Forcible Confinement

The penalties for kidnapping and forcible confinement underscore the seriousness of these offences. The Crown's choice between proceeding by indictment or summary conviction significantly affects the potential penalties.

• Indictable Offence: Minimum of 4, 5, or 7 years imprisonment, depending on whether it’s a first or a repeat offence or whether a firearm is involved, and a maximum of life imprisonment for kidnapping.
• Summary Conviction: Maximum of 18 months imprisonment for forcible confinement.

Aggravating Factors

• Use of a firearm or other weapons;
• Victim's age and vulnerability;
• Relationship to the victim;
• Extent of violence, threats, or coercion;
• Duration and conditions of confinement; and
• Impact on the victim

Summary and Indictable Dispositions Available for Kidnapping and Forcible Confinement

Are you facing kidnapping or forcible confinement charges? An experienced criminal defence lawyer can help assess your case, develop a robust defence strategy, and ensure your rights are protected throughout the legal process. Call (306) 994-9522 to obtain a free consultation with a criminal lawyer today.

Additional Consequences for Kidnapping and Forcible Confinement

Beyond the primary legal penalties, individuals convicted of kidnapping or forcible confinement face additional consequences:

• National DNA Databank: Conviction can lead to the mandatory submission of DNA samples to a national database.
• Weapons Restrictions: Individuals convicted are typically prohibited from owning or possessing weapons.
• Restricted Access: Courts often impose restrictions preventing the convicted from visiting places where victims or potential victims may be present.

Potential Defences Against Kidnapping and Forcible Confinement

Several legal strategies may be employed in defending against charges of kidnapping and forcible confinement:

• Consent: The accused may argue that the victim consented to the actions in question.
• Mistaken Belief in Consent: The accused must demonstrate that they reasonably believed the victim consented, supported by evidence.
• Challenging Evidence: The defence might challenge the credibility and consistency of the evidence against the accused.
• Self-Defence or Defence of Others: The accused might argue that their actions were necessary to protect themselves or another person from imminent harm.

Given the complexities of these cases, it is crucial not to assume that any particular defence will be available or appropriate for your situation. It is highly recommended to seek the guidance of an experienced criminal lawyer to determine which defences may be most suitable for your case.

Don’t Face Your Kidnapping or Forcible Confinement Charge Alone

An experienced criminal defence lawyer is essential when facing a charge of kidnapping or forcible confinement. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with kidnapping or forcible confinement. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.