If the victim is a particularly vulnerable person, the legislation states that the threat would constitute a menace if it would cause the individual to act unwillingly and the person who made the threat is aware of the vulnerability of this individual. S 249M also states that for a threat to constitute a menace it would need to cause an individual of normal stability and courage to act unwillingly in response to the threat. In the case of a person making unwarranted demands holding a public office, “menaces” includes a scenario in which the general threat of detrimental or unpleasant action is implied because of that public office. Under s 249M of the Crimes Act, the definition of “menaces” includes an express or implied threat of any action detrimental or unpleasant to another person. To assist in interpreting s 294K of the Crimes Act, section 249L states that a demand with menaces is unwarranted unless the person believes that he or she has reasonable grounds for making the demand and reasonably believes that the use of menaces is a proper means of reinforcing the demand. (b) with the intention of influencing the exercise of a public duty,Ī person is guilty of an offence against this subsection if the person commits an offence against subsection (1) by an accusation, or a threatened accusation, that a person has committed a serious indictable offence.
(a) with the intention of obtaining a gain or of causing a loss, or In NSW, blackmail falls under part 4B, s 294K of the Crimes Act 1900, as detailed below: SectionĪ person who makes any unwarranted demand with menaces–
#Blackmail and extortion full
Most people found guilty of blackmail receive full time custodial sentences. Refuse to delete explicit material concerning a person from their phone.īlackmail is treated as a very serious offence both in legislation and case law, as seen in the high maximum penalties for the offence.Engage in violent behaviour towards a person or their family.Release compromising photos of a person.In some recent examples of blackmail that have been before the courts, offenders have threatened that unless a prescribed sum of money is paid to them, they will: Stealing property in a dwelling-house with menaces (s149).Demanding property with intent to steal.While the word “extortion” is not explicitly used in the language of NSW legislation, there are several criminal offences under various sections of the Crimes Act 1900 (NSW) that speak to the act of attempting to obtain something by threat or force or menace, including: The intention may be to either gain something or cause a loss to the victim, or to influence the exercise of a public duty. That demand is accompanied by threat or force, designed to intimidate the other person into complying with the demand.Dishonestly demands something such as money or property that is in the possession of, or under the control of, another person, and.Blackmail, also known as extortion, occurs when someone:
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