What the law states
Section 249K of the Crimes Act 1900 (NSW) states that:
(1) A person who makes any unwarranted demand with menaces:
(a) with the intention of obtaining a gain or of causing a loss, or
(b) with the intention of influencing the exercise of a public duty,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A 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.
Maximum penalty: Imprisonment for 14 years.
Section 249M of the Crimes Act 1900 (NSW) defines the term ‘menaces’:
(1) For the purposes of this Part, "menaces" includes:
(a) an express or implied threat of any action detrimental or unpleasant to another person, and
(b) a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.
(2) A threat against an individual does not constitute a menace unless:
(a) the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat, or
(b) the threat would cause the particular individual to act unwillingly in response to the threat and the person who makes the threat is aware of the vulnerability of the particular individual to the threat.
(3) A threat against a Government or body corporate does not constitute a menace unless:
(a) the threat would ordinarily cause an unwilling response, or
(b) the threat would cause an unwilling response because of a particular vulnerability of which the person making the threat is aware.
(4) It is immaterial whether the menaces relate to action to be taken by the person making the demand.
Penalty
If the threat is a general unwarranted demand with menaces, the maximum penalty is 10 years imprisonment.
If the unwarranted demand is accusing the other person of an indictable offence, then the maximum penalty is 14 years imprisonment.
Defences
Some defences available to this offence include duress and necessity.
How can Prime Lawyers help you?
Our criminal lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a charge of Blackmail we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes. We are also experienced in negotiating with the Police and the Crown Prosecutors, which can often reduce the penalty imposed also.
If you wish to defend the charge our criminal lawyers will carefully consider and investigate all aspects of your matter and determine if there are any flaws in the prosecution’s case. We will advise you of your chances of successfully defending the matter. Our criminal lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.
We also have access to some of the best criminal barristers and senior counsel in the country if they are required.