Dribbin & Brown is committed to helping you. We are available from 7AM-12AM Monday To Sunday. Call us for a Free Consultation
CONTACT US
  • Legal Services
    • appeal
      Appeals
      county-court
      Appeals to the County Court
      legal-aid-lawyers-icon.svg
      Error of law appeals
      victorial-court
      Appeal to the Court of Appeal
      rehearing
      Apply for Rehearing
      rspca-offences
      Dog Offences
      rspca-offences
      Animal Cruelty (RSPCA)
      rspca-offences
      Animal Control Orders
      assault-charges-icon.svg
      Assault Offences
      family-violence
      Family Violence
      manslaughter
      Manslaughter
      murder-trials
      Murder
      self-defense-icon
      Self Defence
      bail-application
      Bail Application Lawyers
      we-care.svg
      What is Bail
      county-supreme-court-procedure
      Bail Procedure
      intervention-orders-icon.svg
      Unacceptable Risk
      we-are-accredited.svg
      Show Compelling Reasons
      bail-application
      Exceptional Circumstances
      supreme-court
      Supreme Court Bail
      bail-application
      Breaching Bail
      we-care.svg
      Breaching a Bond
      county-supreme-court-procedure
      Breaching a CCO
      intervention-orders-icon.svg
      Breaching an IVO
      we-are-accredited.svg
      Breaching SORA
      firearm-offences
      Firearms
      weapons
      Weapons
      assets-consfication
      Asset Confiscation
      centrelink-fraud
      Centrelink fraud
      fraud-offences
      Fraud
      perjury-charges
      Pejury
      pervert-the-course-of-justice
      Pervert the Course of Justice
      theft
      Theft
      white-collar-crime
      White Collar Crime
      drink-driving-icon.svg
      Drink Driving
      drug-lawyers-icon.svg
      Drug Driving
      driving-offences
      Driving Offences (General)
      traffic-offences
      Traffic Offences
      infringement-warrants
      Infringement Warrants
      county-supreme-court-procedure
      Honest and Reasonable Mistake
      white-collar-crime
      Personal Safety Intervention Orders (PSIO)
      family-violence
      Family Violence Intervention Orders (FVIO)
      magistrates-court
      How to get an IVO
      victorial-court
      What can happen at Court?
      infringement-warrants
      Should I accept an IVO?
      sexual-assualt-icon.svg
      Sex Offender Registration Exemption
      sexual-assualt-icon.svg
      Failing to comply with Sex Offence Registration
      sexual-assualt-icon.svg
      What is digital penetration
      sexual-assualt-icon.svg
      Rape
      sexual-assualt-icon.svg
      Sexual Assault
      sexual-assualt-icon.svg
      Indecent Assault
      sexual-assualt-icon.svg
      Consent
      sexual-assualt-icon.svg
      All Sexual Offences
      sexual-assualt-icon.svg
      Meaning of Consent
      childrens-court
      Children’s Court
      computer-offences
      Cyber Crime
      drug-lawyers-icon.svg
      Drug Offences
      appeal
      Food Prosecution
      infringement-warrants
      Infringement Warrants
      royal-commisison
      Royal Commission
      rspca-offences
      Animal Cruelty
      appeal
      Appeal
      assault-charges-icon.svg
      Assault Offences
      assets-consfication
      Asset Confiscation
      bail-application
      Bail Applications
      breach-offences
      Breach Offences
      centrelink-fraud
      Centrelink Fraud
      childrens-court
      Childrens Court Charges
      computer-offences
      Computer Offences
      rspca-offences
      Dog Offences
      drink-driving-icon.svg
      Drink Driving
      drink-driving-icon.svg
      Driving Offences
      drug-lawyers-icon.svg
      Drug Driving
      drug-lawyers-icon.svg
      Drug Offences
      family-violence
      Family Violence
      firearm-offences
      Firearm Offences
      appeal
      Food Prosecutions
      fraud-offences
      Fraud
      infringement-warrants
      Infringment Warrants
      intervention-orders-icon.svg
      Intervention Orders
      manslaughter
      Manslaughter
      murder-trials
      Murder Trials
      perjury-charges
      Perjury
      pervert-the-course-of-justice
      Pervert The Course Of Justice
      royal-commisison
      Royal Commision
      sexual-assualt-icon.svg
      Sex Offences
      theft
      Theft
      traffic-offences
      Traffic Offences
      weapons
      Weapons
      white-collar-crime
      White Collar Crime
  • Our Lawyers
  • Criminal Defences
  • Case Studies
  • The System
  • Sentences
    • How to Avoid a Criminal Record?
    • Conviction and Non-Conviction
    • Spent Convictions Victoria
    • What is Diversion?
    • Apply for a Rehearing
    • Pleading Not Guilty in the Magistrates’ Court
    • What shows up on a police check?
    • Appeals
    • What happens to my fingerprints?
  • Locations
    • Melbourne
    • Frankston
    • Dandenong
    • Ringwood
    • Moorabbin
    • Geelong
    • Ballarat
    • Werribee
    • Broadmeadows
  • Contact
  • (03) 8644 7333
  • Legal Services
    • Appeals
      • Appeals
      • Appeals to the County Court
      • Error of law appeals
      • Appeal to the Court of Appeal
      • Apply for Rehearing
    • Animal Offences
      • Dog Offences
      • Animal Cruelty (RSPCA)
      • Animal Control Orders
    • Assault
      • Assault Offences
      • Family Violence
      • Manslaughter
      • Murder
      • Self Defence
    • Bail
      • Bail Application Lawyers
      • What is Bail
      • Bail Procedure
      • Unacceptable Risk
      • Show Compelling Reasons
      • Exceptional Circumstances
      • Supreme Court Bail
    • Breaching Court Orders
      • Breaching Bail
      • Breaching a Bond
      • Breaching a CCO
      • Breaching an IVO
      • Breaching SORA
    • Firearms & Weapons
      • Firearms
      • Weapons
    • Dishonesty & Property Offences
      • Asset Confiscation
      • Centrelink fraud
      • Fraud
      • Pejury
      • Pervert the Course of Justice
      • Theft
      • White Collar Crime
    • Driving Offences
      • Drink Driving
      • Drug Driving
      • Driving Offences (General)
      • Traffic Offences
      • Infringement Warrants
      • Honest and Reasonable Mistake
    • Intervention Orders
      • Personal Safety Intervention Orders (PSIO)
      • Family Violence Intervention Orders (FVIO)
      • How to get an IVO
      • What can happen at Court?
      • Should I accept an IVO?
    • Sex Offences
      • Sex Offender Registration Exemption
      • Failing to comply with Sex Offence Registration
      • What is digital penetration
      • Rape
      • Sexual Assault
      • Indecent Assault
      • Consent
      • All Sexual Offences
    • Other Offences
      • Children’s Court
      • Cyber Crime
      • Drug Offences
      • Food Prosecution
      • Infringement Warrants
      • Royal Commission
    • All
  • Our Lawyers
  • Criminal Defences
  • Case Studies
  • The System
  • Sentences
    • How to Avoid a Criminal Record?
    • Conviction and Non-Conviction
    • Spent Convictions Victoria
    • What is Diversion?
    • Rehearing
    • Apply for a Rehearing
    • Pleading Not Guilty in the Magistrates’ Court
    • Appeals
    • What shows up on a police check?
    • What happens to my fingerprints?
  • Blog
  • Locations
  • Contact

s27 Extortion With Threats to Kill

Home > Offence > Assault Offences > s27 Extortion With Threats to Kill

Article Content

Toggle
  • Have you been charged with 'extortion with threat to kill'?
    • Elements of the offence
      • (1) Made a demand
      • (2) Threat to kill, injure or endanger life
      • (3) Intention to cause fear
    • Defences to extortion
    • The maximum penalty
    • Where will my case be heard?
    • What to do next?
    • Questions to consider
    • The legislation

Have you been charged with ‘extortion with threat to kill’?

If you have been charged with extortion, you need to consult an experienced criminal lawyer, before appearing in Court.

In Victoria, ‘extortion with threat to kill, injure or endanger life’ is a criminal offence under section 27 of the Crimes Act 1958. This offence is liable to a maximum penalty of 15 years imprisonment.

While the offence under section 27 is titled “extortion with threat to kill”, it also includes threats to inflict injury endangering life.

See also ‘extortion with threat to destroy or endanger property‘ (s 28) and the related offence of Blackmail, which is the making of an unwarranted and menacing demand with the intention to gain for oneself or cause loss to another.

extortion with threat to kill

Elements of the offence

The legal definition of extortion with threat to kill, injure or endanger life is found in section 27 of the Crimes Act 1958.

The prosecution must prove three elements, beyond a reasonable doubt, for a jury to find an accused guilty of this offence.

An accused person commits extortion with threat to kill or injure if:

  1. The accused made a demand of another person
  2. The demand was accompanied by a threat to:
    1. Kill or injure a person other than the accused or an accomplice of the accused; or
    2. Commit an act that would endanger the life of a person other than the accused or an accomplice.
  3. The accused intended the recipient to fear the threat would be carried out unless the recipient complied with the demand.

(1) Made a demand

The first element to constitute extortion is whether the accused made a demand of an alleged victim. It is for the jury to determine whether a demand was made, and the test is whether a reasonable person would consider that a demand was made in the circumstances (R v Collister (1955) 39 Cr App R 100).

The demand may be implicit or explicit (R v Clear [1968] 1 QB 670), and the accused’s demeanour and surrounding circumstances at the time of the alleged demand are relevant considerations.

For example, a mere request may be sufficient to constitute a demand if it is backed up by a threat (e.g. R v Lambert).

(2) Threat to kill, injure or endanger life

The second element is that the demand was accompanied by an express or implied threat to kill, injure or commit an act that would endanger a person’s life.

A threat can be by words or conduct, and the accused’s conduct as a whole may amount to a threat, such as by behaving in a continuously threatening or abusive manner (R v Rich Vic CA 17/12/1997).

Notably, a ‘threat to kill‘ is a separate offence under section 20 of the Crimes Act 1958 and, unlike extortion, does not involve additional elements beyond the threat itself.

A threat to cause injury may be physical or mental, temporary or permanent.

  • ‘Physical injury’ includes physical harm, unconsciousness, disfigurement, substantial pain, infection with a disease and impairment of bodily function (s15).
  • ‘Harm to mental health’ includes psychological harm but does not include an emotional reaction such as distress, grief, fear or anger unless it results in psychological harm (s15).

A threat to endanger life must present more than a risk of injury and must put a person at sufficient and “appreciable risk” of death (Mutemeri v Cheesman).

The prosecution must prove that a reasonable person, in the position of the accused, would realise that the conduct placed, or may have placed, a person in danger of death (see R v Nuri).

(3) Intention to cause fear

The final element is that the accused intended the recipient of the threat to fear that the threat would be carried out if they did not comply with the demand (R v Dixon-Jenkins (1985) 14 A Crim R 372).

It is irrelevant whether the accused intended to carry out the threat or whether the other person felt fear in response to the threat; it is only relevant whether the person believed they were at risk of harm.

Defences to extortion

If you have been charged with an extortion offence, you may have a valid defence, such as acting under duress or mistake of fact.

The maximum penalty

Extortion with threat to kill is liable to a maximum penalty of 15 years imprisonment (or level 4 imprisonment). However, maximum penalties are reserved for the worst cases, such as if an offence is especially cruel, carefully planned, or motivated by prejudice and hatred (see the Sentencing Advisory Council).

‘Extortion with threat to kill’, and ‘extortion with threat to destroy property’ are also subject to the automatic forfeiture scheme in which a court may be required to impose a confiscation order in addition to sentence.

Where will my case be heard?

Extortion with threat to kill cases can be heard in either the Magistrates Court, County Court or Supreme Court, depending on whether the offence is combined with other charges.

Although extortion is a serious and indictable offence, it can be heard summarily in the Magistrates’ Court per schedule 2 of the Criminal Procedure Act 2009.

What to do next?

Preparation is critical to achieve a favourable outcome in relation to any matter. Arrange a time to see an experienced criminal lawyer urgently. Don’t leave it to the last minute.

Questions to consider

There are a number of things to think about if you have been charged with this offence.

  • Do you have a defence?
  • If you are pleading guilty, what can you do to minimise your sentence?
  • Did you make a demand of another person?
  • Did you threaten to kill or endanger the life of that person, or another person, if the demand was not carried out?
  • Did you intend to convince the person that your threat was real?
  • Did you act alone, or are you a co-accused?

You and an experienced lawyer need careful consideration before you will be ready to advise a Court how you intend to plead.

The legislation

Section 27 Extortion with threat to kill

A person who makes a demand of another person—

(a) with a threat to kill or inflict injury on a person (other than the offender or an accomplice of the offender); or

(b) with a threat in circumstances where, if the threat were carried out, the life of a person (other than the offender or an accomplice of the offender) would be endangered—

is guilty of an indictable offence.

Penalty: Level 4 imprisonment (15 years maximum).

Contact Us
Not Sure Where to Start?

Our Full Legal Services We Can Assist You With

‹
  • All
  • Assault
  • Bail
  • Dishonesty
  • Dog Offences
  • Driving
  • Sex
  • Drugs
  • Public Order
  • Other
›
Animal Cruelty
arrow
Appeal
arrow
Assault Offences
arrow
Asset Confiscation
arrow
Bail Applications
arrow
Breach Offences
arrow
Centrelink Fraud
arrow
Childrens Court Charges
arrow
Computer Offences
arrow
Dog Offences
arrow
Drink Driving
arrow
Driving Offences
arrow
Drug Driving
arrow
Drug Offences
arrow
Family Violence
arrow
Firearm Offences
arrow
Food Prosecutions
arrow
Fraud
arrow
Infringement Warrants
arrow
Intervention Orders
arrow
Manslaughter
arrow
Murder Trials
arrow
Perjury
arrow
Pervert the Course of Justice
arrow
Royal Commission
arrow
Sex Offences
arrow
Theft
arrow
Traffic Offences
arrow
Weapons
arrow
White Collar Crime
arrow
Animal Cruelty
arrow
Breach Offences
arrow
Firearm Offences
arrow
Infringement Warrants
arrow
Intervention Orders
arrow
Murder Trials
arrow
Weapons
arrow
Appeal
arrow
Assault Offences
arrow
Family Violence
arrow
Manslaughter
arrow
Asset Confiscation
arrow
Centrelink Fraud
arrow
Computer Offences
arrow
Fraud
arrow
Perjury
arrow
Pervert the Course of Justice
arrow
Theft
arrow
White Collar Crime
arrow
Bail Applications
arrow
Childrens Court Charges
arrow
Food Prosecutions
arrow
Royal Commission
arrow
Dog Offences
arrow
Drink Driving
arrow
Driving Offences
arrow
Drug Driving
arrow
Traffic Offences
arrow
Drug Offences
arrow
Sex Offences
arrow

Choose a Firm That Specialises in Criminal or Traffic Law for the Best Support With Your Case.

Need Help? Call our team 7am – 12 midnight (7 days a week)

Get In Touch
Talk To A Specialist
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • 24/7 Availability
  • 7am - Midnight
  • (03) 8644 7333
  • Email Address
  • Book An Appointment

Helpful Links

  • About Us
  • Blog
  • What We Do
  • The System
  • Criminal Defences
  • Sentences
  • Criminal Lawyers Blog
  • Case Studies

Criminal Services

  • Bail Application
  • Domestic Violence Defence
  • Drink Driving Defence
  • Careless Driving Defence
  • Sexual Assault Defence
  • Speeding Fines Appeal

Office Locations

Melbourne
  • (03) 8644 7320
  • 4/271 William St

    Melbourne Vic 3000
Frankston
  • (03) 8644 7322
  • 8/395-399 Nepean Hwy

    Frankston VIC, 3199
Ballarat
  • (03) 8644 7310
  • Eureka House
11, Lydiard Street South Ballarat VIC, 3350
Dandenong 
  • (03) 8644 7315
  • 1a/147 Foster
    St
Dandenong, VIC, 3175
Moorabbin
  • (03) 8644 7328
  • Level 1, 441 South Rd
    
Moorabbin, Vic, 3189
Geelong 
  • (03) 8644 7300
  • 2/13 Fenwick Street
    
Geelong Vic 3220
Ringwood 
  • (03) 8644 7325
  • 7/2 Nelson St
Ringwood VIC 3134
Werribee
  • (03) 9116 9595
  • 9/7 Bridge Street
Werribee VIC 3030
Broadmeadows
  • (03) 9116 9500
  • StartNorth at Townhall12 Dimboola Rd
Broadmeadows VIC 3047

© Copyright 2025 Dribbin & Brown Criminal Law | Contact Us | Privacy | Disclaimer

Find Location Find Location Make Appointment Make Appointment

Search