Blackmail

In Victoria, Blackmail is a crime that carries a maximum penalty of 15 years imprisonment. Blackmail is a very serious offence. However, there is a wide range of penalties available to the Court, and a wide range of conduct that can bring you within the charge. It is important that you seek legal advice as soon as possible so that an experienced criminal lawyer can assess your case and provide advice specific to your matter.

What is Blackmail?

The offence of Blackmail is contained in section 87 of the Crimes Act 1958 which states:

A person is guilty of Blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief:

• that he has reasonable grounds for making the demand; and
• that the use of the menaces is proper means of reinforcing the demand.

What Actions Might Constitute Blackmail?

The following action could form the basis of a charge of Blackmail:

• Threatening to damage property if a particular task is not done;
• Taking someone’s pet hostage and demanding that money be paid;
• Demanding property from a person in exchange for safety from harm.

What Must Be Proven?

For a person to be found guilty of Blackmail the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you made a demand;
• That the demand was unwarranted;
• That the demand was made with menaces;
• That the demand was made with either a view to make a gain for yourself or another or with intent to cause a loss for another.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Blackmail is an indictable offence which must be heard in the County Court of Victoria.

Possible Defences to Blackmail

The following defences may be available for a Blackmail charge:

• That a demand was not made
• That there was no intention to cause a gain or loss
• The demand was not made with menace

Common Questions about Blackmail

Will I receive a criminal conviction for Blackmail?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this. 

In VIC, a Court can impose any of the following penalties for a Blackmail charge.

• Jail
• Community Corrections Orders (CCO)
• Fine

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Blackmail might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail for a Blackmail charge?

Yes, you can be sentenced to a term of imprisonment for Blackmail, as it is a serious violent offence in Victoria and carries a maximum penalty of 15 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.