Blackmail Flashcards
Section 237, Crimes Act 1961
Blackmail
(1) Threatens
(2) Expressly, or by implications
(3) To make any accusation against any person (whether living or dead), or to disclose something about any person (whether living or dead), or to cause serious damage to property, or endanger the safety of any person
(4) 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
What is the penalty for blackmail?
14yrs imprisonment
What must you prove for blackmail?
That they threatened, expressly or by implication, to:
- Make any accusation against any person (whether living or dead)
- Disclose something about any person (whether living or dead)
- Cause serious damage to property
- 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 to cause loss to any other person
Threatens
To make clear an intention.
Includes threats made by the suspect themselves and where the suspect knowingly and intentionally passes the threat on to another, with the intention of assisting the threat-maker achieve their purpose
Allegation
Normally refers to an allegation that the person is guilty of criminal offending, whether or not any formal charges have been filed.
Disclosure
Revelation of information which would cause serious embarrassment or emotional distress
Pecuniary advantage
Anything that enhances the accused’s financial position
Privilege
A special right or advantage
Valuable consideration
Money or money’s worth
Benefit
Need not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value
Section 237(2) - Statutory defence for blackmail
It is a defence to a charge of blackmail for the defendant to show they believed they were entitled to obtain the benefit or to cause the loss, and the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss.
Belief by itself it not a defence, unless the threat is, in the circumstances, a reasonable and property means for effecting his or her purpose. The court will be required to determine what is reasonable and property, in the circumstances.
Section 239(1), Crimes Act 1961 (Demanding with Intent to Steal)
(1) Without claim of right
(2) By force or with any threat
(3) Compelled any person to
(4) Execute, make, accept, endorse, alter or destroy
(5) Any document capable of conferring a pecuniary advantage
(6) With intent to obtain any benefit
Section 239(2), Crimes Act 1961 (Demanding with menaces or threat)
(1) With menaces or by any threat
(2) Demanded any property
(3) From any persons
(4) With intent to steal it
7yrs imprisonment
The offence is complete when the demand is made.
Defence = belief of claim of right
Menaces = Includes all verbal or written threats. No threat of physical harm required.
What are the phases of a blackmail investigation?
(1) Initial report phase
(2) Mobilisation phase
(3) Consolidation phase
(4) Investigation and operational phase
- Negotiation
- Payment / pseudo payment
- Intervention / arrest
(5) Reactive phase
Arrest should only be effected when:
(1) Not arresting would present a greater risk than making the arrest
(2) Necessary to protect life of victim or public safety
(3) Threatened harm has been neutralised
(4) It can reasonably be expected that the threat will be neutralised once the arrest has occurred
(5) Sufficient evidence exists to justify the arrest
Types of motivation
- Financial reward
- Publicity
- Acclaim
- Revenge
- Business competition
- Ideological (terrorist)
Offender profile types
- Criminal
- Political
- Disgruntled current/former employee
- Competitor
- Antisocial
Nature of demand types
- Demand for money not to expose some kind of alleged immoral/illegal activity
- Threat to cause serious damage or danger to public
- Sending or deploying explosives
- Sending or deploying computer viruses or malware
What is the role of the Crisis Management Team (CMT)
To manage the crises so as to:
- minimise / eliminate any danger to public or individuals
- Minimise the loss or potential loss to company
Cooperate with Police and govt agencies to resolve incident
Communicate all necessary information accurately in a timely, efficient manner
Prepare media strategies and releases in consultation with Police and relevant authorities
Post-incident report
After consultation with relevant authorities, make all decision needed to achieve the above objectives
What is the investigation aim when investigating kidnap for ransom?
(1) To preserve life and public safety (primary aim)
(2) Respond in a manner that does not increase the risk to an individual or organisation
Note: Arresting offender / recovering ransom / collecting evidence are secondary to the primary objective
Initial action - kidnap for ransom
(1) Advise Emergency Comms Centre Manager without risking loss of contact with the informant
(2) Reassure complainant and deal with them sympathetically
(3) Establish details such as:
- Timeline of events
- Details of any deadlines
- How offender is making contact
- Contact persons details
- Nature of the demand and exact words used
(4) Inform complainant that the matter will be dealt with as a priority and provide them with a dedicated telephone number, advise them that they will be contacted shortly
(5) Instruct the complainant to make efforts to trace offenders contact details and record all relevant events
Action to be taken by the Emergency Comms Centre
(1) Evaluate the information and assess actions taken
(2) Assess whether an overt Police response would be inconsistent with normal Police response (i.e offender would expect an overt response) or is likely to endanger the public
(3) Notify on call CIB supervisor
(4) Ensure secure incident log created
(5) Make all call recording available to CIB supervisor
What is the role of OC investigation in the mobilisation phase?
OC Investigation must be appointed immediately and is the principal decision maker. They must:
- Develop investigation strategy in line with primary objectives
- Acquire, deploy and manage resources to implement strategy
- Continually review the strategy as circumstances change
Initial considerations
Who
- is at risk
- else may be affected
- is the suspect
What
- is the motive
- is the offender demanding
- is the offender threatening to do
- information is currently available
Why
- is the offender doing this
- has this victim been selected
Where
- did the incident take place
- will future events occur
When
- did the incident happen
- are future events likely to occure
How
- are they communicating
- much time is available
Initial resources available
- PNT
- Surveillance
- AOS
- TOG (Technical Operations Group)
- HTCG, Cybercrime, Covert Online Team (COLT)
What is the consolidation phase?
When strategies and processes are set up within the available resource and staff constraints. OC Investigation should consider:
- Correct initial response implemented
- Develop investigation plan
- Develop a negotiation strategy
- Develop a media and contact strategy
- Ensure operational security
Investigation - victim/witnesses
- Control, support and manage the victim
- Send suitably trained and experienced staff to deal with victim
- Photograph the victim
- Welfare/safety considerations, i.e. accomodation
- Engage victim support
Evidence handling
(1) Establish a chain of evidence
(2) Do not forward a document for fingerprinting until document examination has been carried out/ruled out
(3) Consider consulting with HTCG if calls have been recorded
Reactive phase - evidence from suspects
(1) Obtain details of identity (fingerprints, DNA, handwriting samples)
(2) Consider electronic information - consult HTCG
(3) If handwritten, consider impressions that may have been left
(4) Offender’s voice recorded - proof of identity
(5) Seize any documents that connects suspect tp the victim
(6) Consider ransom recovery and any evidence
