Crimes Act 1900 No 40
Historical version for 7 December 2010 to 3 February 2011 (accessed 19 May 2013 at 20:23) Current version
Part 4B

Part 4B Blackmail

249K   Blackmail offence

(1)  A person who makes any unwarranted demand with menaces:
(a)  with the intention of obtaining a gain or of causing a loss, or
(b)  with the intention of influencing the exercise of a public duty,
      is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(2)  A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) by an accusation, or a threatened accusation, that a person has committed a serious indictable offence.

Maximum penalty: Imprisonment for 14 years.

249L   Unwarranted demands—meaning

(1)  For the purposes of this Part, a demand with menaces is unwarranted unless the person believes that he or she has reasonable grounds for making the demand and reasonably believes that the use of the menaces is a proper means of reinforcing the demand.
(2)  The demand need not be a demand for money or other property.

249M   Menaces—meaning

(1)  For the purposes of this Part, menaces includes:
(a)  an express or implied threat of any action detrimental or unpleasant to another person, and
(b)  a general threat of detrimental or unpleasant action that is implied because the person making the unwarranted demand holds a public office.
(2)  A threat against an individual does not constitute a menace unless:
(a)  the threat would cause an individual of normal stability and courage to act unwillingly in response to the threat, or
(b)  the threat would cause the particular individual to act unwillingly in response to the threat and the person who makes the threat is aware of the vulnerability of the particular individual to the threat.
(3)  A threat against a Government or body corporate does not constitute a menace unless:
(a)  the threat would ordinarily cause an unwilling response, or
(b)  the threat would cause an unwilling response because of a particular vulnerability of which the person making the threat is aware.
(4)  It is immaterial whether the menaces relate to action to be taken by the person making the demand.

249N   Obtaining gain or causing loss—meaning

For the purposes of this Part:
(a)  a gain means gain in money or other property, whether temporary or permanent, and includes keeping what one has, and obtaining a gain means obtaining a gain for oneself or for another, and
(b)  a loss means loss in money or other property, whether temporary or permanent, and includes not getting what one might get, and causing a loss means causing a loss to another.

249O   Public duty—meaning

For the purposes of this Part, a public duty means a power, authority, duty or function:
(a)  that is conferred on a person as the holder of a public office, or
(b)  that a person holds himself or herself out as having as the holder of a public office.
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