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Extortion with threats to kill
Extortion with threats to kill
ADLA member for - VIC
Written by
Kristina Kothrakis
Criminal Defence Lawyer
Assaults / Violence Offences - VIC
The Law - Extortion with threats to kill
What the Law states - Extortion with threats to kill
Section 27 Crimes Act 1958 Extortion with threat to kill
27. Extortion with threat to kill
A person who makes a demand of another person-
(a) with a threat to kill or inflict injury on a person (other than the
offender or an accomplice of the offender); or
(b) with a threat 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-
is guilty of an indictable offence.
Maximum Penalty in Victoria
15 years imprisonment
What the Prosecution must prove - Extortion with threats to kill - Vic
(a) The accused made a demand of another person.
(b) The demand was made with a threat to kill or inflict injury on a person other than the offender or his or her accomplice, or 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 kill
(a) Duress.
(b) Factual dispute.
(c) Lack of intent.
(d) Mental impairment.
(e) Necessity.
Which court will hear the charge of Extortion with threats to kill
County Court
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
