Blackmail

Blackmail Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in robbery related offences)

The Law - Blackmail - Law – Lawyer / Solicitor Article

Section 100A of the Crimes Act states:

1. Whosoever with intent to cause gain for himself or herself or any other person, or with intent to procure for himself or herself or any other person any appointment or office, or with intent to cause loss to any person:
   (a) makes any unwarranted demand, and
   (b) supports that demand by making:
   (i) any unwarranted threat to publish,
   (ii) any unwarranted proposal to abstain from publishing, or
   (iii) any unwarranted offer to prevent the publication of,
   any matter or thing concerning any person (whether living or dead), shall be liable to imprisonment for ten years.
2. For the purposes of this section:
   (a)  "publish"means communicate to any person,
   (b) a demand is unwarranted unless the person making it does so in the belief that he or she has reasonable grounds for making it,
   (c) a threat, proposal or offer in support of a demand is unwarranted unless the person making it does so in the belief that it is a proper means of supporting the demand,
   (d) "gain"means gain in money or other property, whether temporary or permanent, and includes a gain by keeping what one has, as well as a gain by getting what one has not, and
   (e) "loss"means loss in money or other property, whether temporary or permanent, and includes a loss by not getting what one might get, as well as a loss by parting with what one has.
   

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Maximum Penalty - Blackmail - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Blackmail by threat to publish etc is 10 years imprisonment.

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What the Police must prove - Blackmail - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused made an unwarranted demand.
2. It was made with intent to cause gain for himself or herself or any other person, or with intent to procure for himself or herself or any other person any appointment or office, or with intent to cause loss to any person.
3. The demand was supported by making any unwarranted threat to publish, or any unwarranted proposal to abstain from publishing, or any unwarranted offer to prevent the publication of,  any matter or thing concerning any person (whether living or dead).

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

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Possible Defences - Blackmail - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

1. Duress
2. Necessity
3. Intoxication

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What court is likely to hear the matter - Lawyer / Solicitor Article

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.