Section 86 of the Crimes Act 1900 (NSW) creates a single offence of kidnapping that may be committed by either taking or detaining the victim; these are not separate offences. A 'taking' is a continuing act that persists from the moment the victim is compelled to go where they do not want to go until the compulsion ceases, and does not end merely because the victim has been moved a certain distance or the kidnapper has stopped moving the victim. Accordingly, actual bodily harm inflicted at any point during the continuing taking satisfies the aggravation element in s 86(2)(b).
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.