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DEPRIVATION OF LIBERTY
s355 Criminal Code 1899 make it an offence to unlawfully detain a person against their will.
What the prosecution must prove.
The prosecution must prove that the defendant unlawfully:
(a) confined or detained another in any place against the other person’s will; or
(b) otherwise deprived another of the other person’s personal liberty.
What it means.
Confine and detain have their ordinary meaning. A person can be confined or detained by the use of threats as well physically.
A person can be detained without their consent by means of fraud or if they lack capacity to consent.
To deprive someone of their liberty is to take away their free choice to move about as they choose.
The available defences.
Self-defence and defence of another
The usual penalties.
The maximum penalty for the offence of Deprivation of Liberty is 3 years imprisonment.
The maximum penalty is a poor numerical indicator of sentences usually imposed. It plays a very important role in setting the seriousness of an offence. The maximum penalty is hardly ever imposed.
The penalty for a first offence of this nature is usually a fine or community based order. The offence is often charged together with more serious offences resulting in higher penalties.
Factors that affect the appropriate penalty include the duration a person was detained, the purpose for which they were detained, and the nature of any force or threats used.