Blackmail and Extortion in Queensland
Blackmail and extortion are often used synonymously because they share a core element: using threats or pressure to force someone into doing (or stopping) something they don’t want to do.
Extortion in Queensland is a serious criminal offence and under certain circumstances, can carry a maximum penalty of life imprisonment if the demands that are made cause or are likely to cause serious injury or substantial economic loss.
Below we outline the offence of extortion as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Section 415 of the Criminal Code states:
- A person (the demander) who, without reasonable cause, makes a demand —
- (a) with intent to—
- (i) gain a benefit for any person (whether or not the demander); or
- (ii) cause a detriment to any person other than the demander; and
- (b) with a threat to cause a detriment to any person other than the demander;
commits a crime.
(1A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.
- (a) with intent to—
- It is immaterial that—
- (a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or
- (b) the threat does not specify the detriment to be caused; or
- (c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or
- (d) the detriment is to be caused by someone other than the demander.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- You made a demand
- Without reasonable cause
- With the intent to gain a benefit for or cause a detriment to any person; or
- With a threat to cause a detriment to any person other than the demander
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Maximum penalty
The Maximum penalty for the offence of Extortion is 14 years imprisonment, however this can be increased to life imprisonment depending on the circumstances of the charges.
These circumstances revolve around the severity of the threat, namely:
(a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender, or
(b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise).
Which court will hear the matter?
This matter is an indictable offence and is heard in the District Court.
Possible defences to Extortion
Possible defences to this criminal offence include but are not limited to
- Duress – the accused was coerced into making the demand against their will
- Necessity – the accused had a reasonable cause to make the demand
- Intent – The accused had no intention to gain a benefit or cause a detriment
- The offence is a civil demand
- Identification – the accused is not the person who made the demand
Have you been charged with this offence?
It’s important you get in touch with an experienced criminal law firm to discuss your options following a charge of Extortion. This is an indictable offence and can result in life imprisonment if found guilty. Your choice of legal representation is a crucial one.
Contact the team at Potts Lawyers today for a confidential consultation at either our Brisbane or Gold Coast offices. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.