Blackmail

Question 1

Name Act Section and punishment for Blackmail

Answer 1

Section 237 CA 1961 14 years

Question 2

Section 238 CA 1961 is about what?

Answer 2

That the punishment for blackmail is 14 years

Question 3

For blackmail you must prove the identity of the suspect and that they threatened expressly to by implication to :

Answer 3

Make any accusation against any person (Whether dead or alive) or
Disclosed something about any person (Alive or dead)
Cause serous 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
Obtain any benefit or to cause loss to any other person

Question 4

Accusation

Answer 4

Accusation will normally refer to an allegation that the person is guilty of criminal offending in whether or not any formal charges have been filed. It is immaterial whether the substance of the accusation is true or false ad re accusation does not need to relate to the person from who the demand is made.

Question 5

Disclosure

Answer 5

Disclosure means revelation of information which would cause serious embarrassment or emotional distress.

Question 6

Obtain meaning

Answer 6

To obtain or retain for himself/herself or any other person.

Question 7

Benefit meaning

Answer 7

Benefit does not require a financial element but includes a privilege, service or benefit that has no ascertaining monetary value.

Question 8

Pecuniary Advantage meaning

Answer 8

Economic advantage or a financial gain or benefit, an enhancement of a persons financial position

Question 9

Privilege meaning

Answer 9

Special right or advantage and need not be a financial one.

Question 10

Valuable consideration

Answer 10

Means money or moneys worth

Question 11

Property meaning

Answer 11

Property includes real and personal property and any estate or interest in an real or personal property, (money, electricity) and any debt an any thing in action and any other right or interest

Question 12

What does section 237(2) relate to?

Answer 12

Provides a defence to a charge of 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 objectively viewed the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss. It will be for the jury to determine whether the means were reasonable and proper.

Question 13

What are the five investigation phases of blackmail?

Answer 13

Intial report phase
Mobilisation phase
Consolidation phase
Investigation and operational phase
Reactive phas