The maximum penalty for the offence of blackmail is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for demand with menaces with the intention of obtaining a gain or causing a loss under section 249K(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then fine only.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 1 year.
The most common penalty imposed for demand with menaces with the intention of influencing the exercise of a public duty under section 249K(1)(b) of the Crimes Act is community correction order.
In the Higher Courts
The most common penalty imposed for demand with menaces with the intention of obtaining a gain or causing a loss under section 249K(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for demand with menaces by accusation, etc that person has committed serious indictable offence under section 249K(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 12 years and the average non-parole period (the minimum term in prison) is 7.5 years.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.