Going to Court? Book Your Free First Appointment

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:

  1. You made an unwarranted demand
  2. That demand was made with menaces, and
  3. 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:

  1. It would cause a person of ‘normal stability and courage’ to act unwillingly, or
  2. 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.

What Our Clients Say SEE ALL

  • ★★★★★

    We ended up with a result that was in my favour

    As someone who has never had an issue with the law previously this was all…

  • ★★★★★

    Dropped one of my charges before court

    I had Fahim Khan represent me in court for a criminal case. He was consistently…

  • ★★★★★

    I was impressed with his professionalism and service

    I was recently represented by Mr Fahim Khan, his representation was very professional and he…

  • ★★★★★

    All charges were dropped and I have never felt more relief

    I was represented by Fahim Khan for two counts of common assault and 1 count…

Going to Court? Call For Your Free First Appointment