>[!info] >[s. 63A Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s63a.html "Kidnapping") — **Whosoever** leads takes or entices away or detains any **person** with **intent** to **demand** from that person or any other person any **payment** by way of **ransom** for the return or release of that person or with intent to [gain](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s71.html#gain) for himself or any other person any **advantage** (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence >[!success] >The Victorian Judicial College has a [Charge Book section](https://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#48548.htm) relating to this matter. # Example Bob approaches Devon and tells him he wants to ask him about the bus timetable. When Devon refuses, Bob grabs him around the neck and drags him to a park around 200 meters away, keeping him against his will. Bob then takes his phone and tells him to leave.  # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence #iots heard at the Magistrates' Court. # Points of Proof 1. Did the accused lead, take or entice the complainant away? 2. Did the accused detain the complainant? 3. Did the accused take or detain the complainant with the intention of demanding a ransom? 4. Did the accused take or detain the complainant with the intention of gaining an advantage?