Extortion

What are examples of blackmail? Taking a person hostage and demanding a ransom, threatening to damage property if demands are not met, threatening to harm a person if they do not do a certain thing. The offence of blackmail in NSW carries a maximum penalty of 10 years’ imprisonment. For a person to be charged with blackmail, the following elements must be proven beyond reasonable doubt: A person makes a detrimental and unwarranted demand which intends to: • Obtain a gain • Cause a loss • Influence the exercise of public duty Blackmail is a serious charge that carries heavy penalties. However, there are a wide range of penalties available to the court, and a wide range of conduct that can bring you within the charge. It is necessary that you seek legal advice so legal experts such as Talty Law can assess your case and provide specific advice to your matter.

What constitutes as a threatening letter? Police must prove beyond reasonable doubt that the accused: • Sent, delivered or caused the delivery of a letter • Included content in a letter which threatened to commit a serious indictable offence on any person • Sent a letter to extort or gain property from any person • Knew the contents within a letter Possible defences to threatening letters include: • Duress • Self Defence • Necessity The maximum penalty for the criminal offence of threatening letters is 14 years’ imprisonment.

The maximum penalty for the offence of stealing money or threatening to steal money is 10 years’ imprisonment.

What court will I go to?

Extorting money is a Table 1 offence which means that either the DPP or an accused can decide to have the matter dealt with in the District Court. If no such decision is made it will be dealt with in the Local Court. Elements to the offence of extortion the police must prove beyond reasonable doubt: • The accused either by words or other, accused or threatened another • The accusation or threat was made with the intention of extorting or gaining the property of another