(1) A person (the
"demander" ) who, without reasonable cause, makes a demand—
(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
(b) with a
threat to cause a detriment to any person other than the demander;
commits a
crime.
Penalty—
Maximum penalty—
(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.
(1A) The Penalties and Sentences Act 1992, section 161Q also
states a circumstance of aggravation for an offence against this section.
(2)
It is immaterial that—
(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.
(3) A reference to making a demand includes causing
someone to receive a demand.
(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.
(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.
(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.
(6) In this section—
"threat" includes a statement that may reasonably be interpreted as a threat.
