Blackmail
Blackmail is an offence under Section 249K of the Crimes Act 1900, which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made an unwarranted demand
- That demand was made with menaces, and
- You intended to obtain a gain or cause a loss, or to influence the exercise of a public duty.
A demand is unwarranted unless there are reasonable grounds for making it. A demand is made with menaces if it includes an express or implied threat of any action detrimental or unpleasant to the other person.
A threat to an individual does not constitutional a menace include:
- It would cause a person of ‘normal stability and courage’ to act unwillingly, or
- It would cause the particular individual to act unwillingly where the maker is aware of the other person’s vulnerability to that threat
A ‘gain’ can be money or other property, whether the gain is temporary or permanent, and includes keeping what one has.
A ‘loss’ can be money or other property whether the loss is temporary or permanent, and includes not getting what one might get.
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