SUCCESS STORY

Victoria

Kidnapping Charge Withdrawn – No Jail Time for Serious Offending

Our client facing kidnapping and false imprisonment charges had the kidnapping charge completely withdrawn and avoided jail time for the remaining charge through strategic legal advocacy. By identifying critical evidence weaknesses and presenting alternative explanations, we transformed charges carrying mandatory imprisonment into a non-custodial sentence that protected our client’s freedom.

  • Kidnapping Charge

Case Overview

Charge: Kidnapping Charge

Client: Anonymous client

Court Location: County Court of Victoria

Our client was charged with kidnapping and false imprisonment, extremely serious allegations that, if proven, carry a mandatory term of imprisonment.

The prosecution case alleged that our client had been involved in the unlawful detention of another person over a personal dispute. While the circumstances were complex and contested, the initial charges placed our client at risk of significant custodial consequences, including a possible trial and a lengthy sentence.

After engaging Elbob & Stephenson Legal, we immediately undertook a comprehensive analysis of the prosecution brief, identifying critical weaknesses in the evidence supporting the kidnapping charge. We then:

  • Engaged in targeted negotiations with the prosecution, arguing that the legal threshold for kidnapping could not be made out
  • Presented alternative explanations for the events that occurred, supported by evidence that cast significant doubt on the prosecution’s narrative
  • Provided mitigating material showing our client’s strong ties to the community, good character, and lack of relevant criminal history
  • Emphasised our client’s early cooperation, genuine remorse, and willingness to take accountability for his role in the incident

As a result of our advocacy, the prosecution agreed to withdraw the kidnapping charge entirely, allowing the matter to proceed on the less serious false imprisonment charge alone.

At sentencing, we made detailed submissions focused on rehabilitation and the unique circumstances of the offending. The Court ultimately agreed, and our client:

  • Avoided a term of imprisonment
  • Received a non-custodial sentence
  • Was given a chance to move forward without time behind bars

Charged with kidnapping or false imprisonment? These are among the most serious criminal offences in Victoria—but with skilled legal representation, you may be able to negotiate charge reductions and avoid the harshest penalties.

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