If you have been charged with extortion with threat to kill, injure or endanger life, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
A charge of Extortion with threat to kill, injure or endanger life contains four elements to be proven to be successful. They can be found in s 27 of the Crimes Act 1958 (Vic) and are as follows:
- The accused made a demand;
- The demand was accompanied by a threat to kill or inflict injury on a person (other than the accused); or
- The demand was accompanied by a threat which, if carried out would endanger the life of a person (other than the accused); and
- The accused intended to make the alleged victim believe that the threat would be carried out if the demand was not met.
Will I have to go to court?
Charges for extortion with threat to kill, injure or endanger life are serious and will usually be heard in the County Court; expert legal advice is important in ensuring the most appropriate defence to a charge of extortion with threat to kill, injure or endanger life.
Once the case goes to court, it is up to the prosecution to prove all four elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument, as this offence carries a serious penalty of imprisonment.
The maximum penalty this offence carries is 15 years imprisonment, known as a Level 4 imprisonment.
What sentences are usually given?
Between 1 July 2011 and 30 June 2016, 46 people were sentenced with extortion with threat to kill, injure or endanger life as a listed offence. From that number, 73.9% were given imprisonment sentences, with a maximum term of 6.5 years. The median length of an imprisonment sentence was 2.75 years.
Non-imprisonment sentences included Community Corrections Orders (13%) and fines (2.2%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.