Have you been charged with extortion, with threats to destroy and/or endanger property?

To determine whether you have been charged with this offence, the prosecution must establish beyond reasonable doubt that: 

To determine whether you have been charged with this offence, the prosecution must establish beyond reasonable doubt that:

1. A Demand Was Made:
   1. The demand can be explicit or implicit
   2. The demand must be delivered to the victim; drafting a demand but not sending it does not suffice.
2. A Threat to Destroy/Endanger Property:
   1. Property can include buildings, structures, vehicles, vessels, or any other defined type of property.
3. Intent to Instil Fear:
   1. The accused intended for the victim to fear the threat would be carried out if the demand was not met.
   2. The victim does not need to feel genuine fear; the intent to cause fear is sufficient.

If these elements cannot be proven, the accused is not guilty of the offence.

This offence is treated as a serious crime, and penalties may include: 

• Imprisonment:  

• • Maximum of 10 years for Level 5 offences. 

• • Cases heard summarily in the Magistrates Court are limited to 2 years. 

• Diversion Programs:  

• • Suitable for first-time offenders or those with mitigating circumstances to avoid a criminal record. 

• Fines:  

• • Convictions or non-convictions may involve financial penalties. 

• Community Correction Orders (CCOs):  

• • May include behavioural programs or other conditions. 

• Youth Justice Centre Orders:  

• • Tailored for young offenders to ensure rehabilitation. 

• Adjourned Undertakings or Discharges:  

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  • Used for less severe cases. 

Courts may also impose forfeiture or confiscation orders to prevent defendants from profiting from their crime through public disclosures.