When sentencing for kidnapping under s 86(1)(b) of the Crimes Act 1900 (NSW) where the purpose of the detention was to commit a sexual offence that is separately charged, the weight placed on the purpose of detention must be approached with care to avoid double punishment. A brief period of detention only for so long as necessary to commit the sexual offence, without prolongation after the victim indicated a wish to leave, does not place the offence close to the worst category.
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