Section 249K of the Crimes Act 1900 (NSW) makes it an offence to commit blackmail and deems the maximum penalty for this offence is 10 years imprisonment.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You made an unwarranted demand with menaces; and
- The demand was made with the intention of obtaining a gain or of causing a loss; or
- The demand was made with the intention of influencing the exercise of a public duty.
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defences can be established:
- Duress
- Necessity
- Self-defence
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