Blackmail

Question 1

Section

Answer 1

Section 237 (1) , Crimes Act 1961

Question 2

Ingredients

Answer 2

(1) Everyone who commits blackmail who threatens, expressly or by implications, 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

237(2)

Answer 3

Everyone 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 circumstances, a reasonable and proper means for effecting his or her purpose.

Question 4

237(3) -Benefit

Answer 4

Any benefit 
pecuniary advantage 
privilege 
property
service 
valuable consideration

Question 5

Penalty

Answer 5

14 years

Question 6

What must you prove

Answer 6

ID of suspect that they threatened, expressly or by implication, to:
-make any accusation against any person (living or dead)
-disclose something about any person (living or dead)
-Cause serious damage to property
-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 obtain any benefit or to cause loss to any other person

Question 7

Threatens

Answer 7

Should be taken liberally. Up to Jury to decide on the meaning to any words used, and it does this in light of all the evidence.

Question 8

True or false

The purpose of the threat must be to obtain benefit or cause loss to any other person

Answer 8

True

Question 9

What must the offenders intent be when making a threat

Answer 9

The offender must intend that the person threatened act in accordance with the his will

Question 10

Does a threat need to be made against a person or property whose is being threatened?

Answer 10

No

Question 11

R v Marshal

Answer 11

Threat need not be received directly, can be conveyed to victim.

Question 12

Accusation

Answer 12

It is immaterial whether the substance of the accusation is true or false

Question 13

Disclosure

Answer 13

• Not limited to specific allegations or accusations
• includes revelation of information which may lead others to begin an investigation from which charges can be laid
• extends to revelation of info that can can serious embarrassment of emotional distress.

Question 14

Defence

Answer 14

R v Marshall

• An accused can avoid liability where he or she believes in an entitlement to obtain the benefit or cause the loss.
• if the threat is reasonable and proper for bringing about the obtaining or causing the loss.