Blackmail and Demanding with Intent

Question 1

Criminal Liability for Blackmail

Answer 1

Blackmail - S237(1) Crimes Act 1961

• Threatens
• Expressly or by implication
• to make any accustation against any person (wheter living or dead) OR
• To disclose something about any person (wheter living or dead) OR
• To cause serious damage to property OR
• Endager the safety of another 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 to cause loss to any other person.

Question 2

What must be proven for blackmail

Answer 2

You must prove the identity of the suspect and that they threatened, expressly or by implication, to:
• make any accusation against any person (whether living or dead), or
• disclose something about any person (whether living or dead), or
• cause serious damage to property, or
• endanger the safety of any person.
And, that the suspect intended 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 3

Threatens

Answer 3

to make clear an intention

Question 4

Accusation

Answer 4

an allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.

Question 5

Disclosure

Answer 5

revelation of information which would cause serious embarrassment or emotional distress

Question 6

Obtain

Answer 6

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

Question 7

Benefit

Answer 7

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

Question 8

Pecuniary Advantage

Answer 8

Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 9

Privilege

Answer 9

Means a special right or advantage and need not be a financial one.

Question 10

Valuable Consideration

Answer 10

Means money or money’s worth

Question 11

Property

Answer 11

includes real and personal property and any estate or interest in any real or personal property, [money, electricity] and any debt and any thing in action and any other right or interest.

Question 12

Defence to blackmail

Answer 12

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 section 237(1), unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose

Question 13

Criminal Liability for Demanding With Intent (intent to steal)

Answer 13

Demanding with intent to steal - s239(1) Crimes Act 1961

• With menaces OR by any threat
• demandy
• any property
• from any person
• with intent
• to steal it.

Question 14

Criminal Liability for Demanding With Intent (document)

Answer 14

Demanding with intent to steal - s239(1) Crimes Act 1961

• 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 15

Document

Answer 15

a thing which provides evidence or information or serves as a record.

Question 16

Execute

Answer 16

To execute a document is normally to “do what the law requires to give validity to the document. It is not confined to the signing or doing something to the face of the document.”

Question 17

Menaces or any threat

Answer 17

words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made