Blackmail

Question 1

Blackmail

Section and Penalty

Answer 1

S237(1) CA61

14 years imp (s238)

Question 2

Elements

Answer 2

(1) Everyone who threatens, expressly or by implication;
- to make any accusation against any person (whether living or dead), or
- to disclose something about any person (whether living or dead), or
- 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

Statutory Defence

Answer 3

S237(2) CA 61

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is NOT in itself a defence to a charge under 237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

For jury to decide.

Question 4

S237(3) CA61

Definition of benefit

Answer 4

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

Question 5

What you must prove

Answer 5

The identity of the suspect and that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (living or dead) or
• Cause serious damage to property or
• Endanger the safety of any person with intent to cause the person to whom the threat is made in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person.

Question 6

Five phase investigation of Blackmail

Answer 6

Initial report

Mobilisation - staff and investigation options

Consolidation - strategies and processes set up

Investigation and operational - key is preserve life

Reactive

Question 7

Threatens

Answer 7

Jury to decide of meaning of words threatened.

Intend the threat to make person act to the offenders will and to obtain a benefit or cause loss

Person threatened may not be the same person being blackmailed.

Question 8

Accusation

Answer 8

Refers to an allegation that the person is guilty of criminal conduct - not formal charges need have been laid.

Immaterial whether the substance of the accusation is true or false

Question 9

Disclosure

Answer 9

Not limited to allegations and accusations, includes info that leads to an investigation.
also information that would cause serious embarrassment or emotional distress

Question 10

Threats to damage property or endanger persons

Answer 10

Threats to cause serious damage or to endanger the safety of any person

Question 11

Pecuniary advantage

Valuable Consideration

Answer 11

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

Special right or advantage and need not be a financial one

Means money or moneys worth

Question 12

Obtain

Answer 12

To obtain or retain for himself or for any other person

Question 13

Pecuniary advantage

Answer 13

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

Question 14

Privilage

Answer 14

A special right or advantage and need not be a financial one

Question 15

Valuable consideration

Answer 15

Money or moneys worth

Question 16

Property

Answer 16

Real or personal property and
any estate or interest in any real or personal property (electricity, money) and 
any debt and 
anything in action and 
any other right or interest