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.