Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
What Does Extortion Mean? (Vic)
What does extortion mean? Extortion is a criminal offence involving a demand that is coupled with either a threat to kill or injure a person or a threat to destroy property. Offences that relate to extortion in Victoria are contained in the Crimes Act 1958 and are very serious offences that can result in heavy penalties including full-time imprisonment.
The Crimes Act 1958 contains two separate offences of extortion:
- Extortion with a threat to kill, injure or endanger life (s27); or
- Extortion with a threat to destroy or endanger property (s28).
Extortion with a threat to kill, injure or endanger life
The offence of extortion with a threat to kill or injure a person occurs when a person makes a demand of another individual with a threat to either kill, inflict an injury on a person or endanger the life of another person. If a person is found guilty of this offence, they face a maximum penalty of 15 years imprisonment.
To prove the offence, the prosecution must prove beyond a reasonable doubt:
- That a demand was made by the accused;
- That the demand was accompanied by a threat to kill, inflict injury or endanger the life of another; and
- That the accused intended that the victim would fear that the threat would be carried out unless they complied with the demand.
Essentially, the offence firstly needs to be proven that a reasonable person would have understood that a demand had been made in the circumstances. Secondly, the demand must feature a threat to one’s life either via words, conduct or a combination of both. Finally, the prosecution must prove that the accused intended for the person to fear that the threat would be carried out.
Extortion with a threat to destroy or endanger property
The offence of extortion with a threat to destroy or damage property occurs when a person makes a demand of another person, accompanied by threat to destroy or endanger the safety of property. The maximum penalty for this offence is 10 years imprisonment.
To prove the offence, the prosecution must show:
- That a demand was made by the accused;
- That the demand was accompanied by a threat to destroy or endanger property; and
- It was the accused’s intention that the victim would fear the threat would be carried out unless they complied with the demand.
If any of these elements cannot be proven beyond a reasonable doubt, then the charge will not be proven.
Other types of extortion offences can include blackmail and kidnapping.
Kidnapping is a very serious offence that can carry a maximum term of 25 years imprisonment and is contained in section 63A of the Crimes Act 1958.
There are five elements that the prosecution must prove beyond a reasonable doubt for a court to find a person guilty of kidnapping. These are:
1. That the accused took or carried a person away;
2. That the person was denied of his or her liberty;
3. That the accused did this by force or fraud;
4. That there was no consent to carry out the conduct; and
5. That the accused acted without lawful justification or excuse.
Blackmail is an offence under section 87 of The Crimes Act 1958. There are five elements that the prosecution must prove to find a person guilty of blackmail. These are:
- A demand was made;
- The demand was made with a view to bring about a gain for the accused or another, or with intent to cause a loss to another;
- The demand was made with menace;
- The accused intended the recipient of the demand to fear that the threat would be carried out unless the recipient complied with the demand;
- The demand was unwarranted.
Blackmail can attract a penalty of up to 15 years imprisonment.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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