Have you been charged with ‘extortion with threat to kill’?
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What does it mean to be charged with extortion with threat to kill?
Extortion with threats to kill (including threats to inflict injury endangering life) is a serious indictable criminal offence defined under section 27 of the Crimes Act 1958 (Vic) (“CA”).
It involves making a demand of another person with a threat to kill, injure, or endanger them, intending for the victim to fear that the threat would be carried out if they fail to comply.
Extortion with threats to kill is often confused with ‘blackmail’ and ‘threat to kill’ (see respective sections for more information). While related, these are distinct offences:
- Blackmail involves unwarranted demands intended to cause loss to another and gain for oneself.
- Threat to kill consists solely of the threat itself, requiring no additional elements.
Examples of Extortion with Threats to Kill, Injure, or Endanger:
This offence encompasses a wide range of actions. Common examples include:
- Demanding $25,000 from a person while threatening to kill them if they do not comply.
- Blackmailing someone for private information under the threat of death.
- Sending a letter demanding consent to instructions, threatening death if ignored.
- Holding a gun to someone’s head and demanding $10,000 with a threat to kill.
- Demanding payment from a drug user under threat of death.
- Sending a photo holding a gun while demanding property or money.
Police Interview:
If you are alleged to have committed extortion with threats to kill, you may attend a formal police interview that will be recorded for evidence. At this stage, police will likely have gathered evidence against you, including statements from witnesses and the victim.
Before the interview, you have the option to contact a lawyer for legal advice and support. We can provide specialised, confidential legal guidance to address your concerns, such as:
- Information to gather before the interview.
- What to expect during the interview.
- Your rights and obligations, including whether you need to provide DNA or contact information.
- Understanding the implications of the Bail Act and potential remand.
We prepare you to answer questions effectively to protect your defence, especially since police are skilled in interrogation and obtaining admissions.
Questions to Consider Before Pleading Guilty or Not Guilty:
When evaluating whether to plead guilty or not guilty, consider the following:
- Does the prosecution have a strong case against me?
- Did I make a demand of another person?
- Did I threaten to kill, injure, or endanger the person if the demand was not complied with?
- Did I intend to convince the person that my threat was genuine?
- What were the circumstances surrounding the act?
- Did I act alone or with co-accused?
- Did I have a lawful excuse for my actions?
- Should I plead guilty or not guilty?
- What penalties might I face, and what options exist to minimise my penalty?
- Can a defence be relied upon to assert my innocence?
- Should we subpoena relevant materials from the opposing party?
Our lawyers are available to help you navigate these considerations and discuss your options.
What must the prosecution prove?
For a charge of extortion with threats to kill, the prosecution must prove beyond a reasonable doubt:
- You issued a demand to another individual.
- This demand was accompanied by a threat to:
- Kill or injure someone other than the accused or their accomplice; or
- Engage in an action that would put the life of someone other than the accused or their accomplice at risk.
- You intended for the recipient to believe that the threat would be executed unless they complied with the demand.
Where Will My Matter be Heard?
Charges of extortion with threats to kill are serious indictable offences and are typically dealt with in the County or Supreme Courts of Victoria due to the maximum term of imprisonment exceeding that of summary jurisdiction.
Factors and defences to consider?
If pleading not guilty, possible defences will depend on the specific circumstances of the case. Some potential defences include:
- Can the prosecution establish all elements of the offence beyond a reasonable doubt?
- Did you make a demand or threat?
- Was the act accidental, or you had no intent to kill, injure, or endanger?
- Do you have an alibi that supports your claim of being elsewhere during the incident?
- Were you mistaken? And not actually involved?
- Did you act honestly and reasonably, and this is a mistake of fact?
- Were you acting under self-defence or acting under duress, where your response was proportionate?
Engaging with expert criminal lawyers at MK Law is essential to evaluate whether a valid legal defence can be argued in your case.
Penalties for extortion with threats to kill:
Being convicted of extortion with threats to kill carries severe penalties. If found guilty, the Court may impose:
- A term of imprisonment (maximum of 15 years for a level 4 category offence).
- A community corrections order (conviction or non-conviction).
- A financial fine (conviction or non-conviction).
- Diversion to avoid a criminal record (typically for first-time offenders or those with mental health issues).
- Other options such as a promise of good behaviour, Youth Justice Centre Order, adjourned undertaking, or discharge/dismissal.
Considerations When Sentencing
Factors influencing sentencing include:
- Nature and gravity of the offence.
- Personal circumstances and criminal history.
- Planning involved in the offence.
- Use of weapons or instruments.
- Vulnerability of the victim.
- Impact of drugs/alcohol.
Repeat offenders or those committing particularly egregious offences may face harsher penalties.
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What happens next?
Once charged under Section 27 for extortion with threat to kill, you should promptly contact MK Law to seek expert legal advice. Engaging with MK Law is crucial, as their experienced legal team can provide guidance on the specifics of the charge and the potential consequences involved.
After the initial contact, you will typically be required to attend a consultation with a lawyer at MK Law, where they will review the details of the case, discuss the available defences, and outline the legal process ahead. This includes preparing for the initial appearance in the Magistrates’ Court, where the charge will be formally presented, and addressing any bail conditions.
MK Law will also assist in navigating subsequent proceedings, including potential committal hearings and the trial phase if necessary. Throughout the process, MK Law will engage in the disclosure process, ensuring that all evidence is thoroughly examined and strategically addressed. Their expertise will be invaluable in formulating a strong defence and advocating for your rights during this complex legal journey. Regular communication with MK Law will ensure that the accused remains informed and supported as the case progresses.
Don’t delay, contact 1800 130 120 for expert confidential advice to ensure you receive the fairest and best outcome for your circumstances.
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