 THE LAW
The criminal offence of Blackmail is a serious indictable offence that can lead to severe consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Blackmail.
If you or anyone you know have been accused or charged with the criminal offence of Blackmail, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF BLACKMAIL?
Section 249K of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to make any unwarranted demand with menaces:
- With the intention of obtaining a gain or of causing a loss, or
- With the intention of influencing the exercise of a public duty.
WHAT IS AN UNWARRANTED DEMAND?
To best understand the criminal offence of Blackmail, it is important to know what an unwarranted demand is.
Section 249L of the Crimes Act 1900 (NSW) states that for the purposes of the criminal offence of Blackmail, a demand with menaces is unwarranted unless the person believes that he or she has reasonable grounds for making the demand and reasonably believes that the use of the menaces is a proper means of reinforcing the demand.
WHAT IS MENACE?
Section 249M of the Crimes Act 1900 (NSW) defines Menace, for the purposes of the criminal offence of Blackmail, as including:
- An express or implied threat of any action detrimental or unpleasant to another person, and
- A general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.
A threat against an individual does not constitute a menace unless the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat, or 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.
A threat against a Government or body corporate does not constitute a menace unless the threat would ordinarily cause an unwilling response, or the threat would cause an unwilling response because of a particular vulnerability of which the person making the threat is aware.
WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF BLACKMAIL?
Section 249K of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 10 years imprisonment for anyone convicted of the criminal offence of Blackmail.
If the accused commits the criminal offence of Blackmail by an accusation, or a threatened accusation, that a person has committed a serious indictable offence, the maximum penalty is increased to 14 years imprisonment.
If the matter is finalised in the Local Court, the maximum penalty available is a term of imprisonment of 2 years.
Other penalties available for a conviction of the criminal offence of Blackmail include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond.
CAN I GET BAIL FOR A BLACKMAIL CHARGE?
Yes, you may be granted bail on a charge of Blackmail. Our specialised criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who were charged with serious criminal offences, including Blackmail.
CENTRAL COAST MAN CHARGED AFTER ALLEGED BLACKMAIL
A 31-year-old Central Coast man has been charged with three counts of Demand with menaces intend obtain gain/cause loss arising from allegations that he threatened to post AI-manipulated intimate images online of three women and that he made demands for further intimate images.
The man was also charged with Threaten to distribute intimate image without consent, Use service to send sexual material reckless as to consent, Use carriage service to menace/harass/offend, and Incite other to do sexual act with them without consent.
The man was granted conditional bail.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Blackmail, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law specialists are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Blackmail.