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Blackmail (ACT)

In the ACT blackmail is an offence under section 342 of the Criminal Code 2002. This page deals with blackmail in the ACT.

What is blackmail?

A person is guilty of blackmail if they make an unwarranted demand with menaces with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty.

A person may be guilty of this offence even if they do not demand property of money. The offence requires only that a demand is made with a menace. The demand may be for something that is not material – for example, that a person do an action.

A person is not guilty of this offence if they believe on reasonable grounds that the demand is warranted and that the menace is an appropriate way of asserting the demand – for example, threatening to start legal proceedings if a debt is not paid.

Penalties

The maximum penalty for blackmail offences in the ACT is 14 years imprisonment or a fine of 1400 penalty units, or both.

Jurisdiction

Blackmail matters can be heard in the Magistrates Court on in the ACT Supreme Court.  When a matter is heard by a magistrate, the maximum penalty that can be imposed is five years imprisonment.  

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.  

Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.