Canadian Criminal Sentencing/Offences/Kidnapping and Unlawful Confinement
|Kidnapping and Unlawful Confinement|
|s. 279 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Maximum||18 months jail (279(2))|
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1) (limited)
|Minimum||4, 5, 7 years jail (kidnapping w/ firearm)|
|Maximum||life in jail (279(1))|
10 years jail (279(2))
|Offence Elements |
|DO/LTO primary designated offence|
Legislation[edit | edit source]
279. (1) Every person commits an offence who kidnaps a person with intent
- (a) to cause the person to be confined or imprisoned against the person’s will;
- (b) to cause the person to be unlawfully sent or transported out of Canada against the person’s will; or
- (c) to hold the person for ransom or to service against the person’s will.
(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
- (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
- (i) in the case of a first offence, five years, and
- (ii) in the case of a second or subsequent offence, seven years;
- (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
- (b) in any other case, to imprisonment for life.
(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
- (a) an offence under subsection (1);
- (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
- (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
Sequence of convictions only
(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
- (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
- (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
R.S., 1985, c. C-46, s. 279; R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997, c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12.
Application[edit | edit source]
Hostage-taking has been interpreted as a form of terrorism.
- R. v. Maltby (1986), 30 C.C.C. (3d) 317, 17 O.A.C. 363 (C.A.)
Ancillary Order[edit | edit source]
- DNA Order
- Weapons Prohibition Orders (110 on summary, 109 on indictable)
- Weapons Forfeiture
- Forfeiture of Offence-related Property
- SOIRA Order (if intending offence for purpose of committing a sex offence, see 490.011 (1)(b))