In order to prove that this offence has been committed, the Crown is required to prove that the person making the threat had the intention of stealing. The word ‘menaces’ refers to an express or implied threat of any action detrimental or unpleasant to another person, and also includes a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.įor this offence, it does not matter that the demand a person makes is not met or that the person who is demanded to do something is not influenced by the threat made. This is an offence under s99 of the Crimes Act. It is believed this was an attempt by Peters to extort money from the Pulvers.Įxtortion is also referred to as demanding property with menaces with intent to steal. In 2014 Paul Douglas Peters entered a home on the North Shore of Sydney and attached what police believed was a bomb to the neck of Madeleine Pulver, the daughter of wealthy businessman Bill Pulver. With the advent of the internet and social media, a person may be more easily blackmailed due to sharing too much information or images, which they would not want the general public to see.īlackmail and Extortion – Demanding Property With Menaces With Intent to Steal If found guilty of blackmail, a person may face up to 10 years in prison.īlackmail is a very serious criminal offence which is reflected in the penalty which may be imposed on a person if found guilty. In other words, if a person accuses or threatens to accuse another person of a serious indictable offence with the same intention(s) as subsection (1), they will be guilty of blackmail. Subsection 2 of section 249K also provides that a person is guilty of an offence against subsection (1) if the person accuses, or threatens to accuse that a person has committed a serious indictable offence. A demand will be unwarranted unless the person making the demand 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: s249L. (b) with the intention of influencing the exercise of a public duty, is guilty of an offence.įor this offence to be proved, the demand with menaces must be unwarranted. (a) with the intention of obtaining a gain or of causing a loss, or Acts of this kind were previously dealt with under s100-105 of the Crimes Act 1900 (NSW) however these sections have been repealed.īlackmail and Extortion is an offence under section 249K of the Crimes Act 1900 (NSW) which provides:Ī person who makes any unwarranted demand with menaces: In other words, the act of threatening to reveal something about somebody unless they comply with your demands. Blackmail and Extortion – the act of blackmail refers to demanding something from somebody, in return for not revealing information about that person which would damage their reputation.
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