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Extortion with Threats to Destroy Property

– section 28 of the Crimes Act 1958

 

Extortion with Threats to Destroy Property is when you demand something from someone else. And you threaten to destroy their property or endanger their life if they don’t meet your demand.

Examples of Extortion with Threats to Destroy Property
  • A man demands money from another man and if he is not paid, he says he will bash the another man.
  • A woman demands the Council protects native trees and threatens to burn down Council offices if they don’t do it.
What are some of the possible defences to a charge of Extortion with Threats to Destroy Property?
  • You did not make any demands.
  • You did not threaten someone’s life or property.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this
  • Did you make any demands on another person?
  • Did you say anything to threaten someone else’s life or their property?
  • Does the person making the claim have a reason for why they would lie about this?

Maximum penalty and Court that deals with this charge

The maximum penalty for this offence is level 5 imprisonment (10 years).

This charge can be heard in the Magistrates’ or County Court.

“Did you threaten someone?”
What is the legal definition of Extortion with Threats to Destroy Property?

A person makes a demand of another person accompanied by a threat to destroy property or a threat to endanger the other person’s life if the demand is not carried out.

Legislation

The section that covers this offence is section 28 of the Crimes Act 1958.1

What can you be sentenced to for this charge?

Depending on the seriousness of the threat you could get a jail term if found guilty. If the threat is not serious or ridiculous, you may only receive a fine.

Other Important Resources

 


[1] Crimes Act 1958 – Section 28

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.
Penalty: Level 5 imprisonment (10 years maximum).