Blackmail is in section 87 of the Crimes Act 1958 in Victoria. It is committed by a person who tries to force another person to do something by means of threatening them. If you have been accused of committing such an offence, speak with expert Blackmail lawyers immediately.
Police Interview
If you are being interviewed for Blackmail, it is vital that you contact an experienced criminal lawyer for advice before you speak with the police. If you are being interviewed, then the police are likely to charge you regardless of any explanation you give them. The decision you make about how to conduct yourself in the interview is important.
We can help find out information about the allegation for you, such as:
- will I be remanded?
- what type of evidence do they have against me?
Pleading Not Guilty
If pleading not guilty to this charge, you will need a lawyer who has experience handling an allegation of Blackmail. Your lawyer should make the prosecution provide all disclosure items, and issue subpoenas for any other material which may be relevant to your defence. A blackmail case needs to be strongly defended by scrutinizing the police evidence. Our lawyers will engage in careful and methodical preparation so that you have the best opportunity to successfully defend the charge of Blackmail.Pleading Guilty
If you are pleading guilty to Blackmail, it will require very careful and full preparation. Your lawyer will need to take a complete life history so that your lawyer can understand how your life experiences may have contributed to the offending. We will advise you on what material will need to be obtained to tender to the Court and will assist you in gathering reports and reference material so the sentencing Judge has a complete understanding of you.Sentencing
Sentencing in the higher courts of Victoria
Which court will the case be heard in?
It is an indictable charge, which means it must be heard in the County Court.Examples of Blackmail
- Someone demands $20,000 in exchange for not publishing naked photos of another person online.
- Someone says he will poison his ex-partner’s dog if she doesn’t agree to restart their relationship.
- A builder threatens to hurt the family of an ex-client that refuses to pay a bill for faulty construction work.
What is the legal definition of Blackmail?
The legal definition of Blackmail has 5 basic parts:- Someone demands something from another person;
- The demand is made in order to make a gain, or to cause a loss to the other person;
- The demand is made with threats;
- The threats are real; and
- The demand is unreasonable.
Legislation
The section that covers this offence is section 87 of the Crimes Act 1958.1Elements of the offence
For an accused to be found guilty of Blackmail, the following elements must be proven by the prosecution beyond reasonable doubt:- The accused made unwarranted demand with menaces, and
- The accused had a view to gain for himself or for another, or had an intent to cause loss to another.
“Was there actually a threat?”
Defences
- There was no intention to threaten the other person.
- There were reasonable grounds to demand that the other person do something, and the threat was a lawful way of reinforcing the demand.
One of our clients told a woman that he would reveal their affair to her husband unless she continued to have sex with him. In that factual position, he pleaded guilty to blackmail.
Questions in cases like this
- Was there a breakdown of communication?
- Was there a legal and reasonable expectation that the other person do something?
