Jones Hardy Law represented a mother of three young children charged with taking or detaining a child with intent (commonly referred to as kidnapping) pursuant to section 87 of the Crimes Act 1900 (NSW).

The matter was serious and carried the prospect of a significant term of full-time imprisonment, particularly given the nature of the offence. The case was further complicated by a highly nuanced and emotionally charged factual background, involving family dynamics and the care of young children.

The client’s circumstances were objectively complex, requiring careful presentation of her personal history, mental state, and the broader context in which the offending occurred. The primary challenge was to avoid a custodial sentence while ensuring the Court properly understood the full subjective context of the offending.

Jones Hardy Law adopted a strategic and mitigation-focused approach, recognising early that the matter would turn on the strength and presentation of the client’s subjective case.

This included:

Advising the client to enter a timely plea of guilty, securing the benefit of utilitarian discount
Briefing experienced criminal trial counsel, whose expertise in serious sentencing matters was critical in framing and advancing the client’s case in mitigation
Taking detailed instructions to develop a comprehensive and compelling subjective case, including the client’s role as a primary carer of three young children
Obtaining and preparing supporting material, including character references and evidence addressing the client’s personal circumstances and the context of the offending
Structuring submissions to emphasise rehabilitation, low risk of reoffending, and the impact of full-time custody on dependent children

Following careful preparation and detailed submissions, the Court accepted that the matter could be dealt with by way of an Intensive Corrections Order (ICO).

This outcome meant that the client avoided full-time imprisonment, notwithstanding the seriousness of the offence, and was permitted to serve her sentence in the community under strict conditions.

The result allowed the client to remain with and continue caring for her three young children, while still being subject to a structured and punitive sentencing regime.

This matter demonstrates Jones Hardy Law’s ability to navigate complex sentencing proceedings involving serious offences and highly sensitive family circumstances. By combining early strategic advice, thorough preparation of subjective material, and the engagement of experienced counsel, we were able to present a compelling case that balanced punishment with rehabilitation and the best interests of dependent children. It highlights the importance of carefully constructed mitigation and skilled advocacy in securing alternatives to full-time custody in appropriate cases.