Blackmail Flashcards
Liability
Blackmail
Section 237
Crimes Act 1961
Penalty: 14yrs
Section 237(1)
- threatens expressly or by implication
- to make any accusation against any person (living or dead)
OR
to disclose something about any person (living or dead) OR
to cause damage to property
OR
endanger the safety of any person
- Intent to cause the person to whom the threats made to act in accordance with the will of the person making the threat AND
- to obtain any benefit or cause loss to any other person
Defence
(2) Every one who acts in the manner described in subsection 1 is guilty of blackmail, even though that person believes that he/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/her purpose
(3) In this section and section 239 benefit means any benefit, pecuniary advantage, privilege, property, service or valuable consideration
What you must prove for a charge of blackmail
The identity of the suspect and that they threatened, expressly or by implication to:
- make any accusation against any person (weather living or dead)
- disclose something about any person (weather 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
Threatens
The purpose of the threat must be to obtain any benefit or cause loss to any person.
Not necessary that the person threatened be the same person against whom the accusation or disclosure is to me made or whose property is to be damaged
Does the threat need to be received directly by the intended victim
No, provided it is conveyed to that victim
R v Marshall
Definition of “accusation”
An allegation that the defendant is guilty of criminal conduct
Definition of “disclosure”
Revelation of information. Something which could cause serious embarrassment or emotional distress
Definition of “obtain”
To obtain or retain for himself/herself or any other person
Definition of “pecuniary advantage”
Economic advantage or financial gain or benefit
Definition of “privilege”
Special right or advantage (need not be financial)
Definition of “valuable consideration”
Money or moneys worth
What is the statutory defence to blackmail
Section 237(2) R v Marshall
A belief by the person making the threat that they are entitled to the benefit or to cause the loss when the threat is in the circumstances a reasonable and proper means for effecting his/her purpose
What are the 5 phases of investigation for blackmail offences
- Initial report
- Mobilisation
- Consolidation
- Investigation and operational (includes investigation and identification of offender and threats, negotiation, payment, intervention/arrest
- Reactive
