Kidnapping & Unlawful Confinement
279. (1) Kidnapping – Every person commits an offence who kidnaps a person with intent
(a) to cause the person to be confined or imprisoned against their 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 persons’ will.
(2) Forcible confinement – 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 18 months.
While unlawful confinement is a hybrid offence and therefore open to Crown discretion to proceed either by indictment or by summary conviction, kidnapping is a strictly indictable offence. A person convicted of kidnapping is subject to penalties up to, and including, life in prison. Where a firearm is used, a mandatory minimum prison sentence of at least 4 years must be imposed.
In defending the highest-profile criminal case in Kelowna’s history, and following a successful defence of the charge of 1st degree murder, criminal lawyer Wade Jenson presented sentencing submissions on behalf of his client on the lesser offence of manslaughter. The trial judge ruled that the Crown, in addition to failing to prove murder, had failed to establish the existence ofkidnapping as an aggravating factor.
2) The Pilot
Client charged with sexual assault, sexual exploitation of a young person, andunlawful confinement. The accused faced a lengthy term of imprisonment and the loss of a career upon conviction. With the stakes so high, Kelowna criminal lawyer Wade Jenson was retained to protect the accused’s innocence. On the first day of trial, CHARGES DISMISSED.
3) The Armored Guard
The accused, who was employed as an armored guard, confronted a man late one night who was in a vehicle with his ex-girlfriend. He was alleged to have retrieved his 9mm Luger handgun and pointed it at the head of the man before confining and assaulting his ex-girlfriend. He was charged with pointing a firearm, possessing a handgun for a purpose dangerous to the public peace, unlawful confinement, and assault. Facing these very serious charges, the accused decided he needed to retain criminal lawyer Wade Jenson, who after extensive negotiations with Crown entered a single plea to possession of a weapon. Following lengthy submissions in court, Wade Jenson was successful in obtaining a CONDITIONAL DISCHARGE. All other charges dismissed.