What Is Extortion In Australia?

To secure a conviction for extortion, it is crucial to prove that the accused engaged in conduct that meets the legal criteria for the offence. This includes demonstrating that:

• A Threat Was Made: It must be established that the accused communicated a threat, either directly or indirectly, to the victim.
• Intent to Obtain Something of Value: It must be shown that the accused intended to gain money, property, services, or some other form of advantage from the victim.
• The Victim Was Compelled: It is essential to demonstrate that the victim was coerced or compelled to act against their will as a result of the threat.
• The Act Was Unlawful: The conduct of the accused must be clearly unlawful under Australian criminal law.
• Causation: It must be proven that the threat directly caused the victim to comply with the demands of the accused.

Evidence in an extortion case may include written or recorded communication, eyewitness testimonies, surveillance footage, or any other relevant documentation that supports the allegations.

Accordingly, if you are accused of engaging in blackmail, the prosecuting party needs to demonstrate the following elements:

• You intimidated another individual by either directly threatening to cause harm to them or a third party, whether by your own actions or through someone else’s involvement.
• The threat made was unjustified and without any valid reason.
• It was reasonable for the targeted person to perceive the threat as serious, or they took it seriously due to a specific vulnerability that you were aware of.
• Your intention in menacing the individual was to coerce them into complying with your demands.

The specific nature of the demands is not relevant.

Property Damage as a Form of Extortion

In some cases, extortion may involve the threat of property damage rather than physical harm. This form of extortion is equally unlawful and can result in severe consequences for the perpetrator. For example, an individual may threaten to vandalise a business or personal property unless their demands are met.