Blackmail Flashcards
Blackmail (1)
Section and Elements
Section 237 (1) CA
- Threatens expressly or by
implication - To make any accusation
- Against any person (living or
dead) - To disclose something about
any person 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
14 years
Blackmail (2)
Section and Elements
Still guilty of blackmail, even though….
Section 237 (2)
Everyone who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, is reasonable
Blackmail (3)
Section and Element
What does benefit mean?
Section 237 (3)
In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
What must you prove that the offender threatened to do to charge with blackmail
- Make any accusation against
any person or - Disclose something about any
person or - Cause serious damage to
property or - Endanger the safety of any
person or
AND that the suspect intended
to:
- Cause the person to act in
accordance with the will of the
person making the threat AND - Obtain any benefit or to cause
loss to any person
R v Wyatt
Threaten, expressly or by implication
‘Make clear an intention’
R v Barros
The threat does not need to be overt but may be subtle and indirect
Butler v R
It is not necessary that the person conveying the threat holds themselves out as the person who might execute the threat
‘Accusation’ in regards to blackmail
“Accusation” will normally refer to an allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.
‘Disclosure’ in regards to blackmail
“Disclosure” does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress
Explain ‘pecuniary advantage’
An economic advantage or a financial gain, an enhancement of a persons financial position
Explain ‘valuable consideration’
Means money or moneys worth
Section 237(2) Defence
R v Marshall
Defence to blackmail if Defendant believed they were entitled to obtain benefit or cause loss and objectively the making of the threat was a reasonable way for obtaining.
Section 239(1)
Demanding with intent to steal
- WCOR
- By force or any threat
- Compels any person to execute, make, accept, endorse, alter or destroy
- Any document
- Capable of conferring a pecuniary advantage
- With intent to obtain any benefit
14 years
Section 239 (2)
Demanding with intent to steal CA
- With menaces or by any threat
- Demands property
- From any persons
- With intent to steal it
7 years
Explain ‘execute’ a document
Normally to “do what the law requires to give validity to the document. It is not confined to the signing or doing something to the face of the document.”
