What is an 'extortion' of offence and just what are the penalties?
Based on a Firm of Criminal Defense Lawyers From Melbourne CBD, a person who can make any pointless demand with menaces:
(a) with the objective of obtaining a gain or of leading to a loss; or
(b) with the objective of influencing the exercise of public duty, is guilty of an offense of extortion.
The highest penalty imprisonment for ten years.
A person is guilty of a much more serious offense of extortion if the individual commits the extortion by accusing an individual.
The maximum in these situations is imprisonment for 14 years.
What is a ' demand with menaces ' offense and what exactly are the penalties?
A demand with menaces is "unwarranted" unless the person thinks that he has she has fairgrounds to make the demand.
Menaces include:
(a) an express or imminent threat of any motion detrimental or uncomfortable to another person; and
(b) a general danger of detrimental or uncomfortable action that is required because of the individual making the unwarranted need holds a public office.
A danger against a person unless:
(a) the threat will cause a person of normal stableness and courage to act unwillingly due to the threat, or
(b) the danger could cause the particular person to act unwillingly in response to the danger and the individual who makes the danger of the susceptibility of the particular individual to the danger.
Is it required for a benefit to having been obtained?
No.
A person is still able to be convicted of extortion or blackmail even though the benefit (or demand) was by no means actually obtained.
For example, if you risked someone else and they disregarded your threats, you can still be convicted of blackmail.
The issue is whether or not to gain gain or result in a loss. The mere idea that no loss or gain.
Also, it is important to realize that it is tangible (that is passed from one individual to another person).
What must the Crown prove?
In an extortion / blackmail issue, the Crown must prove, beyond a reasonable question, that an individual:
Made a pointless demand with menaces; and
In doing this intended to:
(a) Obtain a gain
(b) Result in a loss or
(c) Influence the training of a public duty
Can extortion or blackmail happen without words actually being talked or written?
Yes. Extortion or blackmail can happen through actions, for example, body language. It can be an express or signified treat. For example, a threat might be as easy as waking or a head at an improper time. If this is the case, the Crown needs to confirm that the person was in the meantime.
How can you get a premium if charged with extortion or blackmail?
There are many factors that a Court will think about when sentencing a person charged with extortion or blackmail. Matters that could reduce a include, but are not restricted to:
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If it is your very first offense
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You present good character references
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You display a need for therapy
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You show real remorse
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You prove that you will endure extra-curialism (i. e. That you experience outside the Court's sentence)
What is the highest penalty for extortion or blackmail?
Extortion and blackmail are extremely serious crimes. In NSW, extortion and blackmail, bear the optimum penalty of 10 years imprisonment and this may increase to 14 years if the offence is irritated.
What are the possible defenses to a charge of extortion or blackmail?
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You deny that you extorted or blackmailed anybody
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You deny that your steps are constituted by menaces any danger and were not "detrimental or unpleasant"
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You deny that there was clearly any intention of getting a benefit or leading to another person loss
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You claimed that you were driven to extort or blackmail.