Author: Bill Doogue
Practice area: White Collar
Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Bill authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Blackmail?
Blackmail is an offence under section 87 of the Crimes Act 1958 (Vic). It involves making a demand of another person and backing that demand with a threat to cause harm if the demand is not met. The offence focuses on the use of threats to obtain a benefit.
Key points
- A demand is made and supported by a threat
- The conduct is intended to coerce another person to comply
- Usual court level: County Court
The maximum penalty for Blackmail is up to 15 years’ imprisonment.
Common defences may include absence of a threat, a legitimate claim of right, lack of intent to gain a benefit, mistaken identity, or insufficient evidence.
Accused of Blackmail in Victoria? Get Expert Legal Advice Before You Speak to Police.
A blackmail charge is serious. A conviction can lead to gaol, a criminal record, and damage to your career, reputation, and relationships. If you’re being investigated or charged under the Crimes Act for blackmail or extortion, it’s critical to get expert legal advice right away.
How Serious Is Blackmail?
You don’t have to follow through with the threat to be charged. Even making the threat (if it’s intended to coerce someone) can be enough.
People are often surprised at how easily a situation can lead to a blackmail charge. It might involve personal relationships, workplace disputes, or attempts to recover money or property.
Blackmail Offences We Handle
General Blackmail
Making an unwarranted demand with menacing intent, often involving threats to reputation or safety.
Business or Workplace Blackmail
Threatening to reveal information about a colleague, client, or company unless demands are met.
Extortion with Threats
Using threats of violence or damage to force someone to hand over money, property, or information.
Relationship-Based Blackmail
Cases involving threats between partners, ex-partners, or family members, often emotionally complex.
Cyber Blackmail
Threats made via email, text, or social media, often involving private images or hacked information.
What to Do If You’re Charged With Blackmail
If you’ve been charged with blackmail, your next steps matter, and getting the right legal guidance early is key. Here’s what to do:
1. Don’t speak to the police without legal advice
Anything you say can be used against you. Stay calm, but don’t answer questions or give a statement until you’ve spoken with a lawyer.
2. Contact a criminal defence lawyer immediately
The earlier you get legal advice, the better. A blackmail lawyer can protect your rights, assess your case, and guide you through the next steps.
3. Gather any documents, messages, or evidence
Save any emails, texts, social media posts, or other communication relevant to the allegation. These may help your defence.
4. Understand the possible penalties and available defences
A lawyer will explain what the prosecution needs to prove, what penalties apply under the Crimes Act, and what defences may be available in your case.
Why Choose Doogue + George for Blackmail Charge Defence
LIV-Accredited Criminal Law Specialists
Our accredited specialists are recognised by the Law Institute of Victoria for their proven skill and experience in complex criminal matters.
Deep Local Knowledge
We appear regularly in Magistrates’ Courts and higher courts across Victoria. We know the judges, the prosecutors and how to navigate the system.
National Recognition
Consistently listed in Doyle’s Guide which is the Tier one legal directory as leading criminal lawyers and active members of the Australian Defence Lawyers Alliance (ADLA).
Strategic, Practical Advice from Day One
We move quickly to protect your rights, challenge weak evidence, and prepare the strongest defence possible, whether your case involves blackmail, extortion, or cyber threats.
Penalties for Blackmail in Victoria
Blackmail is a serious indictable offence in Victoria and carries significant penalties under section 87 of the Crimes Act 1958 (Vic). The court takes these matters seriously, but not all cases lead to gaol.
Maximum Penalty for Blackmail:
Up to 15 years’ imprisonment (for making an unwarranted demand with a threat and intent to gain).
In practice, sentencing depends on several factors, including the nature of the threat, whether money or property was gained, and the accused’s prior criminal history.
Possible Outcomes:
- Imprisonment (immediate or suspended)
- Community Correction Order (CCO) with conditions
- Fine (in some lower-level or early plea cases)
- Adjourned Undertaking /Good Behaviour Bond
- No conviction recorded (in rare, less serious cases)
Sentencing
Sentencing Outcomes in the Higher Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 87 — 79 charges across 51 cases, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 62.0% |
| Community Correction Order | 35.4% |
| Fine | 1.3% |
| Other | 1.3% |
| Youth Justice Centre Order | 0.0% |
FAQs About Blackmail Charges in Victoria
Do you have to carry out the threat to commit blackmail?
What types of threats can amount to blackmail?
What happens after I'm charged with blackmail?
Do I need a lawyer if it’s my first time?
What are common defences to a blackmail charge?
What’s the difference between blackmail and extortion?
Can blackmail charges be dropped?
Possible Legal Defences
No Menacing Intent
You made a demand, but there was no threat or coercion involved, or the other person didn’t reasonably feel threatened.
Legitimate Claim of Right
You genuinely believed you were legally entitled to what you were asking for (e.g., money or property).
Lack of Intent to Gain
The prosecution must prove that your demand was made with the intent to obtain a benefit. If there was no intent to gain, the charge may not stand.
False Allegation or Mistaken Identity
The accusation may be untrue, exaggerated, or based on the wrong person, especially in online or anonymous communications.
Lack of Evidence
The prosecution must prove every element of the offence beyond a reasonable doubt. If the evidence is weak, the case may be withdrawn or dismissed.
Meet Our Blackmail Offence Lawyers
Find a Blackmail Defence Lawyer Near You
If you’ve been charged with blackmail or extortion, it’s important to work with a defence team that understands your local court, community, and legal process. Doogue + George has offices across Victoria (and in Sydney), so you can get expert advice wherever you are.
Find us at:
Get Legal Help Today
Being charged doesn’t mean you’re guilty. The most important thing you can do right now is get clear, strategic advice from a defence team that knows the system and fights for your future.
Don’t wait. The sooner you speak with a lawyer, the more options you’ll have.
