Two women charged for Kidnapping following the discovery of a woman with stab wounds in the boot of a car

https://www.criminaldefencelawyers.com.au/blog/two-women-charged-for-kidnapping-following-the-discovery-of-a-woman-with-stab-wounds-in-the-boot-of-a-car/


Poppy Morandin and Jimmy Singh.

Two women, aged 24 and 18, have been charged following the discovery of another woman with stab wounds in the boot of a car.

In what sounds like a scene out of a movie, the Triple Zero call that sparked the detection reported that they could see a hand waving from the rear taillight section of a white Holden sedan whilst it was travelling down the Hume Highway.

Highway Patrol officers subsequently stopped the vehicle, and searched it, locating a woman in the boot with multiple stab wounds.

It is alleged Kayley “Kayz” Ketley, 24, and Latia “Tia” Henderson, 18, attacked Nisha Phillips, 24, stabbing her in the knee, thigh, and forearm.

Police will allege that the accused pair stole Phillip’s car after the attack and placed her in the boot.

Phillips was treated at the scene, before being taken to Liverpool Hospital with non-life-threatening injuries.

She is currently recovering from surgery.

“It’s very rare that police have intercepted it in the process, so to speak. We’re just happy no one was killed or seriously injured,”said Chief Inspector Brendan Bernie.

Detectives are furthermore currently investigating if the pair were attempting to take her to New South Wales’ notorious Belanglo Forest.

Police pulled the car over near Berrima, only 10 minutes from the Belanglo Forest turn-off.

“It’s a line of inquiry we are looking into as to where that vehicle was intending to travel prior to being intercepted by the police,” Bernie continued.

The pair now face a slew of charges.

Ketley has been charged (https://www.police.nsw.gov.au/news/news_article?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGZWJpenByZC5wb2xpY2UubnN3Lmdvdi5hdSUyRm1lZGlhJTJGOTM1NzMuaHRtbCZhbGw9MQ%3D%3D) with wound person with intent to cause grievous bodily harm, take/detain in company with intent to get advantage occasioning actual bodily harm, take and drive conveyance without consent of owner, drive motor vehicle during disqualification period and drug possession.

Henderson has been charged with wound person with intent to cause grievous bodily harm, kidnapping charge of take or detain in company with intent to get advantage occasion actual bodily harm (https://www.criminaldefencelawyers.com.au/blog/the-law-and-penalties-on-kidnapping-in-nsw/), take and drive conveyance without consent of owner, never licensed person drive vehicle on road – prior offence.

Both were refused bail by police to appear at Picton Local Court.

Following court, both women who made a Campbelltown Local Court (https://www.criminaldefencelawyers.com.au/about-us/courts-we-attend/campbelltown-court/) on April 7.

‘Kidnapping’ is an offence pursuant to section 86 (https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1900-040#sec.86) of the Crimes Act 1900 (NSW).

It states that a person who takes or detains a person, without the person’s consent, may face up to 14 years in jail, if they do so:

The concept of ‘any other advantage’ outlined in section 86(1)(c) has been ruled by the courts to include psychological gratification or satisfaction (R v Rose [2003] NSWCCA 411).

The ‘aggravated’ version of the offence carries a maximum penalty of 20 years in jail, pursuant to section 86(2).

This will involve, if the above is done, in the company of another person or persons, or at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

There is a ‘specially aggravated’ form of the offence in which the above is done in the company of another person or persons, and at the time of, or immediately before or after, the commission of the offence, actual bodily harm is occasioned to the alleged victim.

This carries a hefty maximum penalty of 25 years in jail, pursuant to section 86(3).

Under the act, detaining includes causing the person to remain where they are and taking includes causing the person to accompany a person and causing the person to be taken.

Actual bodily harm involves some form of hurt to the victim that ‘is more than transient or trifling’ and may include injuries such as scratches, bruises, grazes, black eyes, and cuts (Kbayli [2017] NSWDC 197).


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