Given the serious nature of the charge, if a friend or family member is remanded in custody, we can assist them to: If you wish to plead not guilty to the offence, we will expertly defend you. You should demonstrate to the Court the steps you have taken to address the offending. ![]() This is especially so given this offence can attract a term of imprisonment. It is important to undertake proper preparation before your Court date. We will assist you to prepare for Court and do everything possible to keep the penalty to a minimum. We have experience representing clients for extortion and can knowledgeably advocate for you. The Court may or may not take a surety to be kept should the defendant breach the recognisance).Įngaging a skilled lawyer will assist you in achieving the best outcome. recognisance (a promise to the Courts to be of good behaviour for a period of time.probation (either as an alternative to or in addition to a sentence of imprisonment).an intensive corrections order (a defendant can serve a sentence of no more than 2 years in the community).If there are no aggravating circumstances, then penalties for extortion can include: In this case, the minimum penalty for the offence is 7 years imprisonment. committed the offence at the direction of, or for the benefit of, a criminal organisation.was part of a criminal organisation at the time of offending or.The Act states that this circumstance of aggravation applies if the defendant: The Penalties and Sentences Act 1992 defines participation in organised crime. If the accused was participating in organised crime, however, a minimum penalty applies. Generally, there is no minimum penalty for a charge of extortion. substantial economic loss in industrial or commercial activity.This can increase to life imprisonment if the threat caused, or would likely cause if carried out: The maximum penalty for extortion, without aggravating circumstances, is 14 years imprisonment. negotiating with the prosecution to downgrade or discontinue the charge.For example, you may have had a reasonable cause for making the demand. Otherwise, the defendant is not guilty of the offence of extortion.Ĭontact us if you are unsure whether the police would be able to make out all the elements above. The onus is on the prosecution to prove all elements beyond a reasonable doubt. The person making the demand threatened to cause detriment to another.The person making the demand intended to gain a benefit for, or cause a detriment to, any person and.There was no reasonable cause for the demand.This was unless the victim paid them $15,000.įor the prosecution to prove extortion they need to show beyond a reasonable doubt that: The officer threatened to search the victim’s house and remove the victim’s children. In this case, the accused did not stand to gain anything for themselves.Ī police officer threatened the victim with the intent to gain a benefit for themselves. ![]() They threatened to remove the victim’s limbs and set fire to their house if the victim did not return bond money. The accused threatened harm to the victim with the intent to gain a benefit for another. We can offer you advice at an early stage and guide you through the Court process from start to finish.Įxamples of actions that constitute extortion include those found in the following cases: We also have specific experience representing clients charged with extortion. Our criminal defence lawyers have a wealth of experience appearing for indictable offences. If appearing in Court for extortion, it is important to engage experienced lawyers due to the: You may need to appear before the District Court, however, for a sentence or trial. When you first appear in Court for the charge, you will appear before a Magistrates’ Court. The District Court of Queensland has jurisdiction to hear a charge of extortion. Indictable offences are more serious offences that must proceed to a higher Court. (b) with a threat to cause a detriment to any person other than (themselves) Queensland Criminal Code 1899 Section 415 Going To Court (i) cause a detriment to any person other than (themselves) and Without reasonable cause, (they make) a demand. In Queensland, police may charge a person with extortion if: AITKEN WHYTE LAWYERS BRISBANE CRIMINAL DEFENCE LAWYERS AND SOLICITORS FOR BRISBANE, THE GOLD COAST, AND THE SUNSHINE COAST, SOUTH EAST QUEENSLAND Extortion Charges
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