Accusing or Threatening to Accuse of Crime to Extort Money Charge - Lawyer / Solicitor Article.
Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)
The Law - Accusing or Threatening to Accuse of Crime to Extort Money Charge - Law – Lawyer / Solicitor Article
Section 102 of the Crimes Act states:
102 Whosoever, in any manner, by words or otherwise, accuses, or threatens to accuse, either the person to whom such accusation or threat is made, or some other person, of any such crime or offence as is referred to in section 101, with intent in any such case to extort or gain property from any person, shall be liable to imprisonment for ten years.
Maximum Penalty - Accusing or Threatening to Accuse of Crime to Extort Money - Penalties – Lawyer / Solicitor Article
The Maximum penalty for the offence of Accusing or threatening to accuse of crime to extort money etc is 10 years imprisonment.
What the Police must prove - Accusing or threatening to accuse of crime to extort money - 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. - The accused either by words or otherwise, accused or threatened to accuse.
- Either a person named or some other person.
- Of committing a crime as defined within Section 104.
- The accusation or threat was made with the intention of extorting or gaining property.
Possible Defences - Accusing or threatening to accuse of crime to extort money - Defences – Lawyer / Solicitor Article
Possible defences to this offence include but are not limited to - Duress
- Necessity
- Intoxication
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.
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