Blackmail

Question 1

Blackmail

Section, penalty, ingredients

Answer 1

Blackmail
Section 237(1) Crimes Act 1961
14 years imprisonment (Section 238)

(1) Everyone commits blackmail who threatens, expressly or by implication,

to make any accusation against any person (whether living or dead),
or
to disclose something about any person (whether living or dead),
or
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 2

Statutory Defence to blackmail

When the defendant…

Answer 2

Statutory Defence
Section 237(2) Crimes Act 1961

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.

Up to the jury to decide if threat is reasonable and proper

Question 3

Section 237(3) Crimes Act 1961

Definition of benefit

A

P

P
P

S

V

Answer 3

Section 237(3) Crimes Act 1961
Definition of Benefit:

Any benefit

pecuniary advantage

privilege

property

service

valuable consideration

Question 4

Five phase investigation of Blackmail

Answer 4

Initial report

Mobilisation - staff and investigation options

Consolidation - strategies and processes set up

Investigation and operational - key is preserve life

Reactive