BLACKMAIL

Question 1

What are the intents of blackmail

Answer 1

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 other person

Question 2

Statutory Defence to 237 (blackmail)

Answer 2

A belief by the person making the threat that they are entitled to the benefit.
In circumstances, a reasonable and proper means for effecting his or her purpose

Question 3

Defence - Case Law

Answer 3

Marshall
Defence is for the defendant to show they were entitled to obtain the benefit or cause the loss, objectively viewed. Making of the threat was reasonable and proper for achieving their goal.
It will be for the jury to decide whether means was reasonable and proper

Question 3

Defence - Case Law

Answer 3

Marshall
Defence is for the defendant to show they were entitled to obtain the benefit or cause the loss, objectively viewed. Making of the threat was reasonable and proper for achieving their goal.
It will be for the jury to decide whether means was reasonable and proper

Question 4

what must be proved for a charge of blackmail

Answer 4

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

• make any accusation agains any person
• obtain any benefit or cause loss to any person
• disclose something about any person
• endanger the safety of any person
• cause serious damage to property

Question 5

What is an accusation

Answer 5

An allegation that a person is guilty of criminal offending, whether or not any formal charges have been laid

Question 6

What is an accusation

Answer 6

An allegation that a person is guilty of criminal offending, whether or not any formal charges have been laid