Criminal Code : Section 279(1)
Kidnapping
Criminal Code : Section 279(1)
Kidnapping
Overview
It can be difficult to differentiate between confinement and kidnapping. Kidnapping is an aggravated form of confinement (R. v. McGregor, 2019 ONCA 307) and occurs when someone is taken against their will with the intention to:
- Confine or imprison them,
- Transport them illegally abroad,
- Hold them for ransom or service.
Therefore, kidnapping involves a non-consensual transfer, while confinement solely pertains to the restriction of a person’s movements. Thus, every kidnapping includes confinement, but confinement can occur without kidnapping (R. v. Tremblay, (1997) 117 CCC (3d) 86 (C.A. Qué.)).
Legal Consequences
Penalties for kidnapping can reach up to 14 years of imprisonment, while confinement can result in sentences of up to 5 years. The sanctions depend on the circumstances, such as the use of violence or the duration of the confinement. Additionally, these offenses result in a criminal record, impacting employment and personal life. These crimes are taken very seriously, as they violate the freedom and safety of individuals.
OUR MISSION
Optimize your defense, detect weaknesses, and achieve the best possible result.
OFFENCE
Optimize your defense, identify weaknesses, and secure the best conditions for you.
