Blackmail

Question 1

What is the max prison term for blackmail

Answer 1

14 years

Question 2

What act and section is blackmail

Answer 2

Section 237, Crimes Act 1961

Question 3

What are the elements of blackmail 237(1) Crimes Act 1961

Answer 3

threatens

expressly
OR
by implication

to make any accusation against any person
OR
to disclose something about any person
OR
to cause serious damage to property
OR
endanger the safety of any person

with intent

to cause the person to whom the threat is made to act in accordance with the will of the person making the threat and

to obtain any benefit
OR
cause any loss to any person

Question 4

What is a defence to blackmail

Answer 4

defendant believes in a claim of right to obtain the benefit or cause the loss and the threat was reasonable to obtain the benefit or cause the loss

Question 5

What section and act is demanding with intent to steal

Answer 5

Section 239 (1) and (2) of the Crimes Act 1961

Question 6

What is the max prison term for s239(1) and 239(2) CA 1961

Answer 6

239(1) 14 years
239(2) 7 years

Question 7

What are the elements for 239(1)

Answer 7

without claim of right

by force
OR
with any threat

compels any person to:

execute
OR
make
OR
accept
OR
endorse
OR
alter
OR
destroy

any document capable of conferring a pecuniary advantage with intent to obtain any benefit

Question 8

What are the elements for 239(2)

Answer 8

with menaces
OR
by any threat

demands any property from any persons with intent to steal

Question 9

what is a document

Answer 9

R v Misic

anything that can provide information, evidence or record

Question 10

What is obtain

Answer 10

to retain for himself/herself, acquire

Question 11

what is pecuniary advantage

Answer 11

anything that enhances the financial position of the defendant