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Blackmail
Blackmail
Written by
Bill Doogue
Criminal Defence Lawyer
What the Law states - Blackmail
Crimes Act 1958 - SECT 87
Blackmail87. Blackmail
(1) 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-
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
Maximum Penalty in Victoria
15 years
What the Prosecution must prove - Blackmail - Vic
1. the accused made a demand;
2. that the demand was unwarranted;
3. that the demand was made with menaces;
4. that the demand was made with-
(i) aim to gain for the accused or another;
(ii) with intent to cause loss to another.
Possible Defences - Blackmail
Belief of reasonable grounds for making the demand;
Belief that the use of the menaces was a proper means of reinforcing the demand.
Which court will hear the charge of Blackmail
County
