Is it necessary for a benefit to have been obtained?Ī person can still be convicted of extortion or blackmail even if the benefit (or demand) was never actually obtained.įor example, if you threatened another person and they ignored your threats, you could still be convicted with blackmail. (b) the threat would cause the particular individual to act unwillingly in response to the threat and the person who makes the threat is aware of the vulnerability of the particular individual to the threat. (a) the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat or (b) a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.Ī threat against an individual does not constitute a menace unless: (a) an express or implied threat of any action detrimental or unpleasant to another person and What is a ‘demand with menaces’ offence and what are the penalties?Ī demand with menaces is “unwarranted” unless the person believes that he or she has reasonable grounds for making the demand and reasonably believes that the use of the menaces is a proper means of reinforcing the demand. The maximum penalty in these circumstances is imprisonment for 14 years. The maximum penalty imprisonment for 10 years.Ī person is guilty of a more serious offence of extortion if the person commits the extortion by accusing a person committed a serious indictable offence. (b) with the intention of influencing the exercise of a public duty, is guilty of an offence of extortion. (a) with the intention of obtaining a gain or of causing a loss or What is an ‘extortion’ offence and what are the penalties?Ī person who makes any unwarranted demand with menaces: If you have been charged with extortion and/or blackmail, contact our Criminal Law Team today to book a teleconference or appointment. We’ll fight vigorously to protect your freedom and rights. We are used to dealing with the Police and know all the ‘ins and outs’ of the Courts and Justice system. We’ve been defending the people of Newcastle, Lake Macquarie, Central Coast and the Hunter region since 1969 and have helped our clients to achieve the best possible outcomes in all Criminal Law matters. Our Criminal Law Team can assist you with extortion and blackmail matters, we have the experience and expertise necessary to ensure you receive the best possible outcome. If you are found guilty (or plead guilty) to extortion and/or blackmail, depending upon the circumstances of the offence, and your previous criminal history, the Court may impose a heavy fine and imprisonment.
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