Have you been charged with extortion, with threats to destroy and/or endanger property?
- Over 30 years experience in the criminal justice system
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Riot
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Rout Offence
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Unlawful Assembly
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Intentionally Causing a Very Serious Disease
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Carjacking
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Aggravated Carjacking
What does it mean to be charged with Extortion with Threats to Destroy/Endanger Property?
Extortion with threats to destroy/endanger property is a serious (indictable) offence in Victoria under Section 28 of the Crimes Act 1958 (CA). It involves making a demand of a person, accompanied by a threat to destroy or endanger their property, with the intent to instil fear that the threat will be carried out if the demand is not met.
Examples of Extortion with Threats to Destroy/Endanger Property:
- Demanding $50,000 from someone and threatening to burn down their house if the money is not paid.
- Threatening to damage council property unless specific demands, such as wildlife protection, are met.
- Coercing a friend to steal by threatening to destroy their car if they refuse.
What must the prosecution prove?
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:
- A Demand Was Made:
- The demand can be explicit or implicit
- The demand must be delivered to the victim; drafting a demand but not sending it does not suffice.
- A Threat to Destroy/Endanger Property:
- Property can include buildings, structures, vehicles, vessels, or any other defined type of property.
- Intent to Instil Fear:
- The accused intended for the victim to fear the threat would be carried out if the demand was not met.
- 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.
What are some potential penalties?
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:
- Used for less severe cases.
Courts may also impose forfeiture or confiscation orders to prevent defendants from profiting from their crime through public disclosures.
Recent Case examples:
- Case 1: A defendant demanded money from a business owner, threatening to destroy their property. Through strong legal representation, the case was resolved with a fine and no conviction.
- Case 2: A defendant coerced a friend to commit theft with threats of property damage. A diversion program was granted, avoiding a criminal record.
- Case 3: A repeat offender made threats to public officials over council policies. Despite prior convictions, the case was mitigated to reduce the term of imprisonment.
What are some potential defences?
Defences depend on the unique circumstances of the case. Common defences include:
- Lack of Evidence: The prosecution cannot establish all elements of the offence beyond a reasonable doubt.
- No Demand or Threat: The accused did not make a demand or threaten property.
- No Intent: The accused did not intend to cause fear.
- Alibi: Evidence shows the accused was not present at the scene.
- Mistaken Identity: Witnesses incorrectly identified the accused.
- Honest and Reasonable Mistake: The accused believed their actions were lawful.
- Lawful Excuse or Justification: Actions were taken in legitimate self-defence or necessity.
Given the gravity of this offence, it is important to seek legal advice as soon as possible, so a lawyer at MK Law can tailor a defence strategy specific to your circumstances.
Police Interviews:
If you are accused of extortion, police may request a formal interview. Before attending:
- Seek Legal Advice: Understand your rights and obligations.
- Plan Your Response: Determine whether to answer questions or remain silent.
- Avoid Self-Incrimination: Be cautious with any statements made.
Our lawyers can provide confidential advice and accompany you during interviews to protect your interests.
Considerations When Sentencing:
Courts consider a range of factors, including:
- The nature and gravity of the offence.
- The method and level of planning involved.
- The duration of the offending behaviour.
- The impact on victims, including psychological harm or financial loss.
- The offender’s criminal history and personal circumstances.
- Cooperation with authorities and the timing of any guilty plea.
Defendants with extensive criminal histories or those motivated by malice often receive harsher penalties.
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
Testimonials
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St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. 👍 Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖First time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
If you have been charged with extortion with threats to destroy or endanger property, contact MK Law for expert legal advice 24/7 at 1800 130 120 or marcus.mklawfirm.com.au. Our experienced team specialises in:
- Investigating and challenging prosecution evidence.
- Negotiating charge reductions or withdrawals.
- Preparing strong defences to achieve favourable outcomes.
- Advising on plea agreements to minimise penalties.
Engage us early to ensure your rights are protected and to navigate the legal system effectively.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au