Have you been charged with Blackmail?
You will need to consider a number of factors when discussing your defence with an experienced criminal lawyer.
Did you make an unwarranted demand on another person? Was it menacing in nature? Did you believe that you had reasonable grounds for making the demand in this way?
The courts consider this a serious charge which will likely result in a lengthy custodial sentence in the event of a guilty plea. Engage the services of a law firm that specialises in criminal law before proceeding further.
Please read below for more information in relation to this charge. See also our blog article on ‘Is Blackmail Illegal?‘.
The offence
Section 87 of the Crimes Act 1958.
The prosecution must prove:
the defendant made a demand;
the demand was unwarranted;
the demand was made with menaces; and
the demand was made with:
a view to gain for the accused or another; or
with intent to cause loss to another.
The maximum penalty
Level 4 imprisonment being a maximum of 15 years.
Where will my case be heard?
Blackmail cases can only be heard in the County Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time as soon as possible to consult with a specialist criminal lawyer. Make sure preparation of your matter is underway early, as thorough planning means better results in Court.
If you have been charged with Blackmail make an appointment to see one of our experienced lawyers today.
The legislation
Section 87 Blackmail
(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
(3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
