Blackmail

Question 1

What is the section?

Answer 1

S237 CA 1961

Question 2

What is the offence?

Answer 2

(1)
Every one commits blackmail who threatens, expressly or by implication, to make any accusation against any person (whether living or dead), to disclose something about any person (whether living or dead), 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 3

What does subsection S267(2) specify?

Answer 3

Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

Question 4

Under this section what does benefit mean?

Answer 4

means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

Question 5

What section gives the penalty for blackmail?

Answer 5

S238

Question 6

What is the penalty for black mail?

Answer 6

14 years

Question 7

What must be proved for a charge of blackmail?

Answer 7

The identity of the offender as well as that they expressly or by implication threatened to do one of the things outlined in section 237(1)

Question 8

Define the term threatens

Answer 8

Is up to the jury to decide it’s meaning

Question 9

Who does the threat need to be against?

Answer 9

It doesn’t matter if the person threatened is not the person who the accusation or disclosure is made against or whose property is to be damaged or its safety endangered

Question 10

How must the threat be communicated?

Answer 10

It does not need to be received directly by the victim provided it is conveyed to the victim

Question 11

Define accusation

Answer 11

That the defendant person is guilty of criminal conduct.

It does not require formal charges to have been laid against the person.

Question 12

Does it matter i the accusation is true or false?

Answer 12

No

Question 13

Define disclosure

Answer 13

will extend to revealing information which does not relate to a criminal offence but would cause serious embarrassment or emotional distress to the person it is about.

Question 14

Define obtain

Answer 14

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

Question 15

Define pecuniary advantage

Answer 15

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

Question 16

Define privilege

Answer 16

a speicla right or advantage and need not be a financial one

Question 17

Define valuable consideration

Answer 17

Means money or moneys worth

Question 18

What is the statutory defence to black mail?

Answer 18

When a person believes in an entitlement to obtain the benefit/cause the loss and the threats are a reasonable and proper means for bringing about that obtaining or that causing of loss. It is up to the jury to decide is it was reasonable and proper.