In Victoria, Australia, extortion and blackmail are serious indictable offences under the
Crimes Act 1958. The threshold for police to charge an individual is based on proving that an unwarranted demand was made with menaces (threats), with the intent to cause gain or loss.
Here is the detailed breakdown of the threshold for extortion/blackmail in Victoria:
1. Elements of the Offence (What Police Must Prove)
To secure a conviction, the prosecution must prove the following elements beyond a reasonable doubt:
- A Demand Was Made: An explicit or implicit request was made of a person.
- With Menaces (Threats): The demand was accompanied by threats. "Menaces" is broad and includes any threat deemed detrimental or unpleasant to a person, such as threats to reputation, property, or safety.
- Unwarranted Demand: The demand is considered "unwarranted" unless the person making it believes they have reasonable grounds for the demand and believe the use of threats is a proper way to reinforce it.
- Intent to Gain or Cause Loss: The accused intended to make a gain for themselves/another, or cause a loss to another person.
- Intention to Instil Fear: The accused intended for the victim to fear the threat would be carried out if the demand was not met.
2. Specific Types of Extortion
- Extortion with Threat to Kill/Injure (s 27): Threatening to kill or inflict injury to demand something.
- Extortion with Threat to Destroy Property (s 28): Threatening to damage property (buildings, vehicles, etc.) to demand something.
- Blackmail (s 87): Generally involves using threats to gain money or property, often by threatening to reveal damaging information.
3. Key Threshold Factors
- Reasonable Person Test: The threats must be of a nature that would cause a "reasonable person of normal stability and courage" to be intimidated and comply with the demand.
- Actual Fear Not Necessary: The victim does not need to feel genuine fear; the prosecution only needs to prove the accused intended to cause that fear.
- No Physical Contact Required: The threat can be made in person, by phone, text, email, or other communication methods.
- Success Irrelevant: The crime is complete even if the threat is not carried out and the perpetrator does not successfully gain the benefit.
4. Penalties
- Blackmail (s 87): Maximum penalty of 15 years imprisonment.
- Extortion (Threat to Kill/Injure): Maximum penalty of 15 years imprisonment.
- Extortion (Threat to Damage Property): Maximum penalty of 10 years imprisonment.
Disclaimer: Criminal law is complex. If you are involved in a matter involving these charges, it is important to seek legal advice from a qualified criminal lawyer in Victoria.
