Fraud
8. Blackmail
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 24 Jul 2015
- Blackmail is a type of fraud where a demand for money or other property is made with menaces (threats).
- It is different from other fraud offences as the victim is induced (persuaded) to part with money or property because of threats as opposed to deceit.
- This Guide looks at the laws which apply in Victoria. The laws in other states and territories may be similar but only an experienced lawyer can tell you how the laws where you live apply in your situation. Our free Find a Lawyer directory may help you get in touch with a lawyer near you.
- The offence of blackmail has 5 elements (parts):
- the accused person made a demand;
- the demand was made with an intention to gain money or property or to cause someone else to lose money or property;
- the accused accompanied the demand with menaces (threats);
- the accused intended that the victim would fear that the threat would be carried out if the demand was not met; and
- the demand was unwarranted (unreasonable).
- The nature of the demand is irrelevant.
- The demand may be implicit (implied or unspoken) or explicit (obvious or clear). It is a question of whether a reasonable person in the victim’s circumstances would have felt that a demand was being made.
- The gain or loss applies only to money or other property. Examples of the types of demands that are not considered to be blackmail demands include:
- demands for custody of a child;
- demands for sexual intercourse; or
- demands for someone to withhold evidence.
- Such conduct may be the subject of other separate offences.
- Blackmail does not require an intention to permanently deprive the person of ownership like the offence of theft.
- The menaces (threats) must have been such that they could influence the mind of an ordinary person with normal strength and courage. The victim does not need to have been really scared although their level of actual fear will be a relevant consideration.
- The menaces are not limited to threats of violence. It includes any threats of unpleasant or detrimental behaviour. The following conduct has been held to be menacing behaviour:
- threats to steal property;
- threats to injure another person;
- threats to accuse a person of criminal or other misconduct;
- threats to damage a company’s share price by revealing damaging information; and
- threats to withhold evidence in a legal proceeding.
- An unwarranted demand means that when the accused person made the demand:
- they did not believe that they had reasonable grounds for doing so; or
- they did not believe that the use of threats was a proper way of reinforcing the demand.
View more Information on Criminal Law