Canberra & the ACT · Fraud and white collar
Blackmail and extortion charges in the ACT.
Blackmail is making an unwarranted demand with a menace, meaning to gain or to cause loss. In the ACT it sits in the Criminal Code 2002 and carries fourteen years. Whether the demand was unwarranted, and whether there was a menace, are the questions.
- Blackmail14 yearss 342 Criminal Code 2002 (ACT)
- CourtSupreme CourtIndictable
- ElementsDemand + menaceAnd intent to gain
- Key issueUnwarranted demandThe contest
The ACT offence.
Blackmail has two parts that decide the matter: an unwarranted demand, and a menace. A demand is not unwarranted where the person genuinely believed they had reasonable grounds for it and that the menace was a proper way to reinforce it. The line between a hard demand and a criminal one is often the real contest. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Blackmail is indictable and is tried in the ACT Supreme Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT). The nature of the demand, the menace, and any harm bear on the outcome.
Defences and issues that matter.
Unwarranted demand.
A demand is not unwarranted where the person believed they had reasonable grounds for it and that the menace was a proper means of reinforcing it. This is the defence the offence itself builds in, and it is often the answer to a genuine dispute that has been charged as blackmail.
Menace.
There must be a menace. Strong words in a genuine dispute are not always a menace, and the context is examined.
Intent.
The offence requires an intent to gain, to cause loss, or to influence a public duty. Where that intent is absent, the offence may not be made out.
How the matter is run.
The work is to test whether the demand was really unwarranted, whether there was a menace, and what the communications actually show. Many of these matters arise from a genuine dispute, and the built-in defence about reasonable grounds is examined closely. The serious matters are prepared for trial in the Supreme Court.
Frequently asked.
What is blackmail in the ACT?
Making an unwarranted demand with a menace, intending to obtain a gain, cause a loss, or influence a public duty, under s 342 of the Criminal Code 2002 (ACT). It carries up to 14 years.
When is a demand not unwarranted?
Where the person genuinely believed they had reasonable grounds for the demand and that using a menace was a proper way to reinforce it. That belief is built into the offence and is often the answer to a demand made in a genuine dispute.
Where is a blackmail charge heard in the ACT?
Blackmail is indictable and is tried in the ACT Supreme Court.
Is a threat in a business dispute blackmail?
Not necessarily. There must be an unwarranted demand and a menace, with the required intent. Strong words in a genuine dispute, backed by a belief in reasonable grounds, may not be blackmail. The context is examined closely.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
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