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Blackmail

Fraud Offences – VIC

Welcome to the VIC Blackmail article page. Everything you need to know about Blackmail according to VIC law.

What the Law States according to VIC Law for Blackmail

According to VIC Law for the charge of Blackmail,

Crimes Act 1958 – SECT 87
Blackmail

87. Blackmail

(1) A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief-

(a) that he has reasonable grounds for making the demand; and

(b) that the use of the menaces is proper means of reinforcing the demand.

(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

(3) A person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

The Maximum Penalty – Blackmail

According to VIC Law for the charge of Blackmail, 15 years.

What the Police must prove according to VIC Law for Blackmail

1. the accused made a demand;

2. that the demand was unwarranted;

3. that the demand was made with menaces;

4. that the demand was made with-
(i) aim to gain for the accused or another;
(ii) with intent to cause loss to another.

Possible Defences under VIC Law – Blackmail

1. Belief of reasonable grounds for making the demand;
2. Belief that the use of the menaces was a proper means of reinforcing the demand.

In VIC which court will hear the matter – Blackmail

County Court

 

Date: 09/01/2009

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