Kidnapping and Its Penalties: Criminal Code of PNG
Kidnapping is a heinous crime that involves the unlawful
confinement or restraint of a person against their will. In Papua New Guinea
(PNG), kidnapping is considered a serious criminal offense under the Criminal
Code Act 1974. The penalties for kidnapping in PNG are severe, with
offenders facing lengthy terms of imprisonment. This article will examine the
laws and penalties for kidnapping in PNG and explore some of the cases that
have been prosecuted under these laws.
Under Section 353 and 354 of the Criminal Code Act 1974,
kidnapping is defined as unlawfully taking and detaining a person by force,
fraud, or enticement and without their consent. This offense also includes the
unlawful confinement or restraint of a person against their will. The section
outlines various circumstances under which kidnapping may occur, including the
use of violence, deception, or intimidation.
The punishment for kidnapping in PNG is severe, with
offenders facing imprisonment for up to 25 years or even life imprisonment in
certain cases. Additionally, anyone who aids or abets in the commission of the
offense may also be held criminally liable.
The case of State v Kapris [2011] PGNC 51; N4305 is a
case law in Papua New Guinea that involves the prosecution of William Kapris, a
notorious criminal who was responsible for one of the most high-profile
kidnappings in the country's history. Kapris and his accomplices had kidnapped
three people, including a bank manager and her family, and demanded a ransom of
10 million kina (approximately $3.5 million USD) for their release.
Kapris and his accomplices were eventually caught by the
police, and they were charged with a number of offenses, including kidnapping,
armed robbery, and attempted murder. The case went to trial, and the court
found Kapris and his accomplices guilty of all charges.
In sentencing Kapris and his accomplices, the court handed down some of the harshest penalties in PNG's legal history. Kapris was sentenced to 30 years' imprisonment, while his accomplices were sentenced to between 6- and 11-years' imprisonment each. The court noted that the severity of the penalties was necessary to send a strong message to other would-be kidnappers and to deter future offenses.
The case of State v Kapris [2011] PGNC 51; N4305
serves as a landmark case in PNG's legal history, and it highlights the
government's commitment to combatting the crime of kidnapping. The severe
penalties handed down by the court demonstrate the it's determination to
protect its citizens from harm and to ensure that justice is served.
This case highlights the seriousness with which the National
Court in PNG view the crime of kidnapping. The penalties for kidnapping in PNG
are severe, and offenders can expect to face long prison sentences if
convicted.
In conclusion, kidnapping is a serious offense in PNG, and
the Courts are committed to enforcing the law and bringing the perpetrators to
justice. The penalties for kidnapping under the Criminal Code Act 1974
are severe, with offenders facing lengthy terms of imprisonment. The cases
discussed above illustrate the Courts's determination to combat this crime and
protect its citizens from harm.
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