Penalty for extortion in Victoria
In Victoria, extortion is a criminal offence that involves the use of threats, intimidation, or coercion to obtain property, services, or some other benefit from another person. The offence is also known as blackmail or extortion with threats.
The crime of extortion involves a person making a demand with menaces, which means they are using threats to get what they want from another person. The threats can be made in person, by phone, by email, or any other means of communication. The offence of extortion is taken very seriously and is punishable by a range of penalties, including imprisonment.
What are the elements of extortion?
In Victoria, extortion is known as blackmail, which involves the following elements:
- The accused made an unwarranted demand with menaces (threats) to the victim.
- The demand was made with the intention to gain a benefit or cause a loss.
- The accused had no lawful justification or excuse for making the demand.
To prove the charge of blackmail, the prosecution must show that the accused made an unwarranted demand with threats to the victim, which would induce fear in a reasonable person that the threat would be carried out. The prosecution must also establish that the accused had the intention to gain a benefit or cause a loss, and that the accused had no lawful justification or excuse for making the demand.