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s87 Blackmail

Have you been charged with Blackmail?

You will need to consider a number of factors when discussing your defence with an experienced criminal lawyer.

Did you make an unwarranted demand on another person? Was it menacing in nature? Did you believe that you had reasonable grounds for making the demand in this way?

The courts consider this a serious charge which will likely result in a lengthy custodial sentence in the event of a guilty plea. Engage the services of a law firm that specialises in criminal law before proceeding further.

Please read below for more information in relation to this charge.

The offence

Section 87 of the Crimes Act 1958.

The prosecution must prove:

  1. the defendant made a demand;

  2. the demand was unwarranted;

  3. the demand was made with menaces; and

  4. the demand was made with:

    1. a view to gain for the accused or another; or

    2. with intent to cause loss to another.

The maximum penalty

Level 4 imprisonment being a maximum of 15 years.

Where will my case be heard?

Blackmail cases can only be heard in the County Court of Victoria.

Questions to consider

Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

Arrange a time as soon as possible to consult with a specialist criminal lawyer. Make sure preparation of your matter is underway early, as thorough planning means better results in Court.

If you have been charged with Blackmail make an appointment to see one of our experienced lawyers today.

The legislation

Section 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).

Fraud Charges

Crimes Act 1958

s81 Obtaining Property by Deception

s82 Obtaining Financial Advantage by Deception

s87 Blackmail

s195 Dealing with Property Suspected of Being Proceeds of Crime

s198 Threats to Destroy or Damage Property

s247 False Statements

Summary Offences Act

s38 Take or Use Vehicle Without Owner’s Consent

Case Studies

Fraud 3 Million Dollars

Centrelink Fraud Case Study

Fraud Offence – Australian Tax Office

Fraud Charges – Finance Officer

Theft and Fraud Diversion

Ebay Fraud

Drug Court Dandenong

Centrelink Fraud Melbourne County Court

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central 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

© 2021 Dribbin & Brown

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