sch.1-sec.415Extortion

### sch.1-sec.415 Extortion A person (the demander ) who, without reasonable cause, makes a demand— with intent to— gain a benefit for any person (whether or not the demander); or cause a detriment to any person other than the demander; and with a threat to cause a detriment to any person other than the demander; commits a crime. Maximum penalty— if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or otherwise—14 years imprisonment. The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. It is immaterial that— the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or the threat does not specify the detriment to be caused; or the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or a threat to cause a detriment to the public or any members of the public the detriment is to be caused by someone other than the demander. A reference to making a demand includes causing someone to receive a demand. A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person. A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. In this section— threat includes a statement that may reasonably be interpreted as a threat. sch 1 pt 6 div 1 ch 38 s 415 sub 1961 10 Eliz 2 No. 11 s 15 amd 1976 No. 25 s 6 ; 1977 No. 13 s 15 sub 1984 No. 32 s 4 amd 1988 No. 88 s 5 sch 2 ; 1997 No. 3 s 69 sub 2008 No. 55 s 73 amd 2016 No. 62 s 131 (sch.1-sec.415-ssec.1) A person (the demander ) who, without reasonable cause, makes a demand— with intent to— gain a benefit for any person (whether or not the demander); or cause a detriment to any person other than the demander; and with a threat to cause a detriment to any person other than the demander; commits a crime. Maximum penalty— if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or otherwise—14 years imprisonment. (sch.1-sec.415-ssec.1A) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sch.1-sec.415-ssec.2) It is immaterial that— the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or the threat does not specify the detriment to be caused; or the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or a threat to cause a detriment to the public or any members of the public the detriment is to be caused by someone other than the demander. (sch.1-sec.415-ssec.3) A reference to making a demand includes causing someone to receive a demand. (sch.1-sec.415-ssec.4) A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person. (sch.1-sec.415-ssec.5) A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General. (sch.1-sec.415-ssec.5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer. (sch.1-sec.415-ssec.6) In this section— threat includes a statement that may reasonably be interpreted as a threat. - (a) with intent to— (i) gain a benefit for any person (whether or not the demander); or (ii) cause a detriment to any person other than the demander; and - (i) gain a benefit for any person (whether or not the demander); or - (ii) cause a detriment to any person other than the demander; and - (b) with a threat to cause a detriment to any person other than the demander; - (i) gain a benefit for any person (whether or not the demander); or - (ii) cause a detriment to any person other than the demander; and - (a) if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or - (b) if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or - (c) otherwise—14 years imprisonment. - (a) the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or - (b) the threat does not specify the detriment to be caused; or - (c) the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or Example— a threat to cause a detriment to the public or any members of the public - (d) the detriment is to be caused by someone other than the demander.