Our experienced criminal law solicitors have prepared a brief overview of the law relating to extortion.
If you or someone you care about is facing a charge of extortion, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit our DISHONESTY OFFENCES.
Extortion – The Law
Section 415 of the Criminal Code of Queensland creates the offence of extortion. The section provides:
(1) A person (the
“demander” ) who, without reasonable cause, makes a demand—(a) with intent to—
(i) gain a benefit for any person (whether or not the demander); or
(ii) cause a detriment to any person other than the demander; and
(b) with a threat to cause a detriment to any person other than the demander;
commits a crime.
Elements of the offence
To be found guilty of the offence of extortion, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- The accused with intent to gain a benefit (or cause detriment)
- without reasonable cause
- made a demand
- with a threat to cause harm (to someone other than the accused)
Maximum penalty
The maximum penalty for the an allegation of extortion is life imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of extortion is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the Supreme Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of extortion. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.