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Extortion with threats to destroy property
Extortion with threats to destroy property
ADLA member for - VIC
Written by
Kristina Kothrakis
Criminal Defence Lawyer
Assaults / Violence Offences - VIC
The Law - Extortion with threats to destroy property
What the Law states - Extortion with threats to destroy property
Section 28 Crimes Act 1958 Extortion with threat to destroy property etc.
28. Extortion with threat to destroy property etc.
A person who makes a demand of another person with a threat to destroy, or endanger the safety of, a building, structure in the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway engine or railway carriage is guilty of an indictable offence.
Maximum Penalty in Victoria
10 years imprisonment
What the Prosecution must prove - Extortion with threats to destroy property - Vic
1. That the accused made a demand of another person;
2. That the demand accompanied :
(i) a threat to destroy property; or
(ii) a threat made in circumstances where if the threat were carried out, the life of a person other than the offender or an accomplice of the offender would be endangered.
Possible Defences - Extortion with threats to destroy property
1. Factual dispute
2. Lack of intent
Which court will hear the charge of Extortion with threats to destroy property
County Court
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
