Extortion with Threats to Kill

by Doogue & O'Brien Criminal Defence Lawyers

How serious is Extortion with Threats to Kill? What’s the maximum penalty and which Melbourne Court hears this charge?

Extortion with Threats to Kill is a very serious offence and typically results in a prison term when the defendant is proven guilty. It is an indictable offence and is under the jurisdiction of the County Court.

Extortion with Threats to Kill has a maximum penalty of 15 years of imprisonment.

 

The legislation on Extortion with Threats to Kill

Section 27 of the Crimes Act 1958 is the exact legislation for Extortion with Threats to Kill. It states:

 

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).

 

Pleading guilty or not guilty to Extortion with Threats to Kill in a Melbourne Court

When considering whether you should plead guilty or not guilty to a charge of Extortion with Threats to Kill, it is crucial that you take the advice of a criminal defence solicitor. You need to make sure that you are aware of all possible consequences. It is likely for a finding of guilt to yield severe consequences and you will no doubt prefer getting good results instead.

 

Elements of the charge of Extortion with Threats to Kill

Prosecution must show several elements of this charge to prove that an accused is guilty of Extortion with Threats to Kill. Primarily, the accused must have made a demand from another person. The demand should have been made with a threat to kill or to inflict injury to a person other than the accused or any accomplice of the accused. The threat made could also be in a form where if the threat is carried out, the life of a person other than the accused or any accomplice of the accused will be endangered.

 

Defending the charge of Extortion with Threats to Kill in a Melbourne Court

Defending the charge of Extortion with Threats to Kill may involve defences of necessity, duress, or mental impairment. Lack of intent is also considered as well as factual disputes.

 

For more information on Extortion with Threats to Kill, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne           

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)


http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

 

This article was written on July 30, 2012 and relates to the law as it stands at this time.



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