At Chidiac & Associates, we provide experienced criminal defence representation for clients facing serious charges involving extortion, blackmail and kidnapping throughout Sydney and New South Wales.

What is Extortion?

“Extortion” is commonly used to describe conduct involving the use of threats or intimidation to obtain money, property or another advantage.

Under s 249K of the Crimes Act 1900 (NSW), the offence of Blackmail involves making an unwarranted demand with menaces with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty. The demand does not necessarily have to be for money or property.

Examples may include:

• demanding money while threatening violence;
• threatening to disclose damaging information unless a demand is met;
• demanding property or another benefit through intimidation;
• threatening consequences unless a person takes a particular action; or
• making a demand accompanied by an accusation or threatened accusation of a serious indictable offence.

Penalties for Extortion / Blackmail

Under s 249K:

Ordinary Blackmail

Maximum penalty: 10 years' imprisonment

Blackmail involving an accusation of a serious indictable offence

Where the demand is made by an accusation, or threatened accusation, that a person has committed a serious indictable offence:

Maximum penalty: 14 years' imprisonment.

What is a "Menace"?

Under s 249M, a menace can include an express or implied threat of action that is detrimental or unpleasant to another person.

The threat does not necessarily need to involve physical violence. The circumstances and nature of the threat must be carefully considered.

What Makes a Demand "Unwarranted"?

Under s 249L, a demand with menaces is generally unwarranted unless the person making the demand:

• believes they have reasonable grounds for making the demand; and
• reasonably believes that using the menaces is a proper means of reinforcing the demand.

Importantly, the demand does not have to involve money or property.

What is Kidnapping?

Kidnapping is an offence under s 86 of the Crimes Act 1900 (NSW).

The basic offence occurs where a person takes or detains another person without their consent with the intention of:

• holding the person to ransom;
• committing a serious indictable offence; or
• obtaining any other advantage.

The basic offence carries a maximum penalty of 14 years' imprisonment.

Kidnapping can therefore arise in circumstances extending beyond traditional ransom demands. The Prosecution must establish the particular intention alleged.

Penalties for Kidnapping

Basic Kidnapping

Under s 86(1):

Maximum penalty: 14 years' imprisonment.

The legislation also creates an aggravated kidnapping offence in circumstances including where the offence is committed in the company of another person or persons. The applicable maximum penalty depends upon the circumstances of the aggravated offence.

Elements of Kidnapping

To establish kidnapping, the Prosecution must prove the relevant elements beyond reasonable doubt.

1. A Person Was Taken or Detained

The Prosecution must establish that the accused took or detained the complainant.

2. The Person Did Not Consent

The Prosecution must establish that the taking or detention occurred without the person's consent.

3. The Required Intention

The Prosecution must establish that the accused acted with one of the intentions specified by s 86, including an intention to:

• hold the person to ransom;
• commit a serious indictable offence; or
• obtain another advantage.

The accused's intention can therefore be a central issue in a kidnapping Prosecution.

Can I Defend an Extortion or Kidnapping Charge?

Being charged does not mean that you are guilty. The Prosecution bears the burden of proving every element beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the alleged demand was not made;
• the accused did not make the alleged threat;
• the demand was not unwarranted;
• the conduct did not amount to a menace;
• the accused did not have the required intention;
• the complainant consented to the relevant conduct;
• the accused did not take or detain the complainant;
• the Prosecution evidence is unreliable or inconsistent; or
• the Prosecution cannot establish the accused's state of mind.

The appropriate defence will depend upon the precise allegations and evidence.

Evidence in Extortion and Kidnapping Cases

These matters can involve extensive evidence, including:

• text messages and emails;
• telephone and telecommunications records;
• CCTV footage;
• recordings;
• financial records;
• witness statements;
• GPS or location data;
• social media communications;
• photographs and videos; and
• forensic evidence.

At Chidiac & Associates, we carefully examine the evidence to determine whether it establishes the conduct and intention alleged by the Prosecution.

Sentencing for Extortion and Kidnapping

If convicted, the Court may consider:

• the nature and seriousness of the offending;
• the nature of any threats or menaces;
• the amount or value of any alleged gain or loss;
• the duration of any detention;
• the impact on the complainant;
• whether weapons or violence were involved;
• whether the offending was planned;
• whether other people were involved;
• the offender's criminal history;
• personal circumstances;
• remorse and prospects of rehabilitation; and
• whether an early guilty plea was entered.

The circumstances surrounding the offending can significantly affect the sentence imposed.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about Extortion, Blackmail and Kidnapping charges;
• detailed analysis of the Prosecution evidence;
• examination of communications, CCTV and financial records;
• advice concerning intention and consent;
• advice concerning potential defences;
• representation at court;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.