Alleged abductor Laura Hinks argues ‘mums can’t kidnap own children’ in bid to stay charges

The prosecution of a Darwin mum for allegedly kidnapping her own five-year-old daughter could have police step in to settle parenting disputes through criminal charges, a court has heard.

Laura Hinks’ lawyers say her continued prosecution for allegedly abducting her own daughter could create ‘a difficult expectation for parents’. Picture: Pema Tamang Pakhrin

The case against a Darwin mum accused of abducting her own young daughter should be thrown out because a mother cannot be guilty of kidnapping her own child, a court has heard.

Laura Adele Hinks returned to the Darwin Local Court on Thursday where she stands charged with abducting the five-year-old from a supervised parental visit in Berrimah in August last year.

Her lawyer, Glenn Mohammed, argued abduction differed from other criminal offences in that it recognised parents as “a distinct category” of people who may have a legal responsibility for the child.

“If a parent physically disciplines a child (for example), the relevant legislation, either state or territory, would simply be a person assaulting another person, it wouldn’t be related to that person being a parent or not,” he said.

“In (that) instance, an assault may be prosecuted because it’s a more general type of offence, whereas what we’re dealing with (here) is very specific.

“This is an issue between two parents, not one of a parent and a stranger, or someone who had no parental responsibility at all.”

Mr Mohammed also told the court the case should be stayed on “public policy grounds” because prosecutors were “essentially pursuing a parent against another parent”.

“(It) creates a precedent, in my submission, where the Territory Director of Public Prosecutions will essentially be taking it upon themselves to (settle parenting disputes),” he said.

“It creates a difficult expectation for parents who now have to … be concerned that if they do not return the child, as an example, or if they take the child with the most innocent of intentions, essentially, they can expect the director to come after them.

“I’m not sure where that line is, or where the prosecution draws that line.”

In response, prosecutor Ian Read SC said there was nothing to suggest the parental dispute acted as a bar to the prosecution of a criminal charge.

“This was far more than a simple (family dispute), this was a premeditated, organised enterprise, with a number of other people, and to try and (separate) a principal (alleged offender) from the other persons in a prosecution would be most inappropriate,” he said.

“In any event, that’s a matter that is the director’s prerogative and I’m afraid that’s the way matters are proceeding.”

Judge Sue Oliver will hand down her decision on a date to be fixed.