WA Criminal Law

Section 332: Any person who detains another with intent to -
(a) Gain a benefit, pecuniary or otherwise for any person;
(b) Cause a detriment, pecuniary or otherwise to any person;
(c) Prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or
(d) Compel the doing of an act by a person who is lawfully entitled to abstain from doing that act,
By threat, or by demand, or by threat and by demand, is guilty of a crime.

A person ‘detains’ another if they take or entice another person away or if they confine or detain another person in any place.

A “threat” means a threat to kill, injure, endanger or cause harm or detriment to any person.

The maximum penalty is 20 years imprisonment.

(1) That the person detained another person;
(2) That the offender intended to detain another for any of the above reasons; and
(3) That there was a reasonable belief that a threat or demand had been made.

It is important to note that the Police do not have to prove that a threat was actually made, as the threat can be inferred.

(a) Duress;
(b) Insanity;
(c) Emergency;
(d) Identification (ie. The accused is not the person who kidnapped the victim); and
(e) Consent.

The matter would be heard in the District Court.