Blackmail

Question 1

Blackmail

Act/Section/Penalty

Answer 1

CA61; S237(1)

14 years imprisonment

Question 2

Blackmail - Elements

Answer 2

1. Every one commits blackmail who
2. Threatens
3. Expressly or by implication
4. To make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), OR to cause serious damage to property or endanger the safety of any person with intent -
   (a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and
   (b) to obtain any benefit or to cause loss to any other person

Question 3

Blackmail - statutory defence

Answer 3

CA 61; S237(2)

When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about.

Question 4

What must be proven with a charge of blackmail?

Answer 4

The identity of the suspect and that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (living or dead) or
• Cause serious damage to property or
• Endanger the safety of any person

And that the suspect intended to:

• cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
• obtain any benefit or cause loss to any person.

Question 5

Five phase investigation of Blackmail

Answer 5

Phase 1: Initial report

Phase 2: Mobilisation - staff and investigation options

Phase 3: Consolidation - strategies and processes set up

Phase 4: Investigation and operational - key is preserve life

Phase 5: Reactive

Question 6

S237(2) and (3) - Blackmail legislation

Answer 6

(2) Every one who acts in the manner described in ss(1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.
(3) In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 7

Define ‘threatens’

Answer 7

To ‘make clear an intention’ (R v Wyatt).

Question 8

Define ‘accusation’ with regards to blackmail

Answer 8

An allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.

Question 9

Disclosure

Answer 9

“Disclosure” does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress.

Question 10

Threats to damage property or endanger persons

Answer 10

Has its ordinary meaning so as to capture threats of direct and indirect harm.

Question 11

Obtain

Answer 11

CA61; S217:

Obtain or retain for himself, herself, or any other person.

Question 12

Benefit

Answer 12

Any property, privilege, service, benefit, pecuniary advantage, or valuable consideration.

Question 13

Pecuniary advantage

Answer 13

Anything that enhances a person’s financial position.

Question 14

Privilege

Answer 14

A special right or advantage and need not be a financial one.

Question 15

Valuable consideration

Answer 15

Money or money’s worth.

Question 16

Property

Answer 16

Any real and personal property and any estate or interest in any real or personal property, (electricity, money, debt) and anything in action, and any other right or interest.