What happens if you are charged with extortion in Queensland?
Extortion in Queensland is a serious offence and involves making a demand, without reasonable cause, with a threat to cause harm or disadvantage to another person.
What is extortion in Qld?
Extortion (or ‘blackmail’) is a serious criminal offence in Queensland under section 415 of the Criminal Code 1899 (Qld). It involves making a demand, without reasonable cause, with a threat to cause a detriment to another person. The maximum penalty is life imprisonment in the most serious cases.
Our Brisbane criminal lawyers have defended many clients charged with extortion, often in situations that began as personal, business, or employment disputes and later escalated into criminal allegations.
These matters are often complex because what one person interprets as a threat, another may see as firm negotiation or an attempt to recover a legitimate debt. The context of the communication, tone, and intent behind the demand all play a crucial role in how the law is applied. Evidence such as text messages, emails, or recordings is often interpreted differently by each side.
As such, early steps such as securing evidence is critical and can make a significant difference to the outcome.
Call (07) 3012 6531 now to speak with one of our senior criminal defence lawyers. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
Is extortion the same as blackmail in Qld?
In Queensland, extortion and blackmail are considered the same offence under section 415 of the Criminal Code 1899 (Qld). The law does not use the term ‘blackmail’ in the legislation, but conduct that would commonly be described as blackmail, such as threatening to reveal information or cause harm unless a demand is met, falls within the legal definition of extortion.
Key points about extortion in Queensland
Maximum penalty – up to life imprisonment
Legislation – Criminal Code 1899 (Qld) s 415
Elements – demand, threat of detriment, intent, and no reasonable cause
Court process – usually begins in the Magistrates Court but may proceed to the District Court through a committal hearing
Aggravation – may include serious personal injury, substantial economic loss, or organised crime circumstances
What does the law say about extortion in Qld?
Section 415 of the Criminal Code 1899 (Qld) states that a person (“the demander”) commits extortion if, without reasonable cause, they make a demand:
with intent to gain a benefit for any person, or
with intent to cause a detriment to another person,
and make that demand with a threat to cause a detriment.
A ‘threat’ includes any statement that may reasonably be interpreted as a threat. The law does not require the threat to be carried out or for the detriment to actually occur.
What does the prosecution need to prove for extortion?
To be found guilty of extortion in Qld, the prosecution must prove each element beyond reasonable doubt:
The defendant made a demand (or caused someone to receive a demand).
The demand was made with intent to gain a benefit or cause a detriment.
The demand was made with a threat to cause a detriment.
The demand and threat were made without reasonable cause.
If any of these elements are not proved, you must be found not guilty.
What does ‘without reasonable cause’ mean?
‘Reasonable cause’ is determined objectively. The court will look at both what was demanded and the nature of any threatened detriment.
In R v Li; R v McKenzie; R v Pisasale [2020] QCA 39, the Queensland Court of Appeal confirmed that it covers both parts of the demand:
What is sought; and
What is threatened.
The prosecution must exclude the existence of any reasonable cause beyond reasonable doubt once this is raised by defence (R v Johnson and Edwards [1981] Qd R 440). However, a demand that includes a threat involving a criminal act can never have reasonable cause (R v Campbell [1997] QCA 127).
What are examples of extortion?
Our Brisbane criminal lawyers have defended a wide range of situations involving extortion, but common examples include:
Threatening to release private or damaging information unless payment is made
Demanding money while threatening to harm a person’s reputation or business
Stating that evidence will be withheld unless a sum is paid (R v Jessen [1997] 2 Qd R 213)
Importantly, it is not necessary that the threatened detriment actually occurs (R v Lovett [2020] QCA 86).
What are aggravating circumstances of extortion?
An aggravating circumstance is a factual situation which makes the case more serious, and hence increasing the penalty. This can include:
carrying out the threat causes or is likely to cause serious personal injury, or
causes or is likely to cause substantial economic loss in an industrial or commercial activity,
In either case, the maximum penalty is life imprisonment.
It is also a prescribed offence under s 161Q of the Penalties and Sentences Act 1992 (Qld), meaning the charge is more serious if it is alleged that the extortion was committed as part of serious organised crime.
Will I go to prison for extortion in Qld?
While the maximum penalty is high, the courts look at the facts of each case before deciding on the penalty. Therefore, the actual sentence can vary widely such as depending on:
the nature of the threat and whether it was carried out
the amount of money or benefit sought
the defendant’s role, motive, and prior history
whether there was early cooperation or a plea of guilty
Less serious cases may attract penalties such as a suspended sentences. However, where violence, coercion, or large financial losses are involved, the risk of imprisonment is high and as such, early advice from an experienced criminal defence lawyer is critical to discuss options to reduce the penalty.
How do I defend an extortion charge in Qld?
Depending on the facts, potential defences may include:
Honest claim of right (s 22) – the accused genuinely believed they were entitled to what was demanded.
Mistake of fact (s 24) – a mistaken but honest and reasonable belief about the circumstances.
No threat or no intent – the communication did not amount to a threat or there was no intention to gain a benefit or cause detriment.
Reasonable cause – there was an objectively valid reason for the demand.
Whether a defence applies depends entirely on the evidence. Each defence has a specific legal meaning and must be properly raised and supported during the case.
What to do if charged with extortion in Qld?
If police contact you or charge you with extortion:
Do not speak to police before obtaining legal advice.
Do not contact the complainant or any witnesses.
Preserve all communications (texts, emails, recordings) that may explain your position.
Seek legal advice immediately — early advice from our seinor criminal lawyers can mean the difference between being found guilty or not guilty.
Call (07) 3012 6531 now to speak a leading Brisbane criminal lawyer. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
Do I need a criminal lawyer for extortion in Qld?
Early involvement of an experienced criminal defence lawyer allows you to:
analyse the demand and threat in context
assess whether ‘reasonable cause’ can be raised
prepare for any bail applications
negotiate with the prosecution if appropriate
preserve crucial evidence
protect your rights throughout the investigation and court process
Ashworth Lawyers has represented clients in more than 1,000 criminal cases across all courts in Queensland, including matters involving serious allegations of coercion, blackmail, and extortion.
Frequently asked questions about extortion in Queensland
What is the maximum penalty for extortion in Queensland?
The maximum penalty is life imprisonment if the threat causes or is likely to cause serious injury or major economic loss. Otherwise, the maximum is 14 years imprisonment.
Is jail mandatory for extortion?
No. While imprisonment is possible, the actual sentence depends on the seriousness of the conduct and mitigating factors.
Can extortion charges be dropped?
Yes. Charges may be withdrawn if evidence is weak, witnesses are unreliable, or if the alleged demand was made with reasonable cause.
What court hears extortion cases?
All extortion charges start in the Magistrates Court but are usually transferred (‘committed’) to the District Court for trial or sentence due to the seriousness of the offence.
Where can I get urgent legal advice for extortion charges in Qld?
Our criminal lawyers are available for a confidential discussion about your case. No booking required.
📞 Call (07) 3012 6531 now for a confidential discussion about your case. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information on our website is general in nature and does not constitute legal advice. Please contact our criminal law team for specific advice about your case.