Understanding the Laws Governing Blackmail in the ACT.

Though it sounds like something out of a mafia movie or a James Bond movie, blackmail is a crime which people can actually be charged with in real life.

Blackmail is considered a serious crime in the Australian Capital Territory. If you have been charged with this offence, you must know what’s ahead so that you can best defend yourself in court.



To help with this, we’ll discuss the legal framework behind this crime so that you have a better idea of what to expect.

Under Section 342 of the Criminal Code 2002, blackmail is legally defined as a situation wherein a person makes an unwarranted demand with a menace of someone else with the intention of a) obtaining gain; or b) causing a loss; or c) influencing the exercise of public duty.

The term ‘with a menace’ includes expressed and implied threats that are detrimental or unpleasant to an individual. The threat often causes the individual to act unwillingly because of a particular vulnerability that the maker of the threat is aware of.

As such, to be found guilty of blackmail, the elements of making an unwarranted demand with menace with the intention of obtaining gain, causing a loss or influencing the exercise of public duty must be proven in court by the prosecution.

Be reminded, however, that it is not necessary for an actual gain, loss, or exercise of a public duty to have taken place—only that a threat was made with these intentions.

In any case, the legal proceedings for blackmail in the Canberra Courts will be held in the ACT  Supreme Court following the committal stages in the ACT Magistrates Court, as the offence is known as an indictable only offence, which means it proceeds formally on the filing of an indictment in the Supreme Court.

If you plead guilty or are found guilty of blackmail, the maximum penalty is 14 years of imprisonment, a fine of 1,400 penalty units, or both.

The court may consider imposing any of the following penalties, or a combination of these penalties:

• Intensive Corrections Order
• Community Service Order
• Good Behavior Order
• Suspended Sentence

The gravity of the sentence will vary depending on several factors. These can include, but are not limited to, the following:

• Your criminal history and character.
• The severity of the offending conduct.
• Your capacity for and expressions of remorse.
• Your intention to be rehabilitated and steps towards rehabilitation.

As you can see, the punishment for blackmail can be very severe. If you wish to defend yourself in court, some of the possible defences people may raise could include the following for example:

• That you did not make an unwarranted demand or a demand at all.
• The words spoken or demand made was not made with the intention of gaining, causing a loss, or influencing the exercise of a public duty.
• That you made the demand under duress from another party.

If you have been charged with blackmail and are expected to appear in court, the best course of action you can take is to urgently seek the aid of a criminal lawyer who is familiar and experienced with the pertinent laws. This will give you the best chance of defending yourself and getting the best possible outcome in your case.

We are leading criminal lawyers serving Canberra, Queanbeyan, Goulburn, Wollongong, and surrounding locations in Australia. If you need expert legal representation on your side, get in touch with us today. We’re ready to defend you.