Blackmail and Demanding with Intent

Question 1

Blackmail

Answer 1

Section 237 Crimes Act 1961

14 Years Imprisonment (s238)

(1) Everyone 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 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.

(2) 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 the circumstances, a reasonable and proper means of effecting his or her purpose.
(3) In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 2

Demanding with Intent to Steal

Answer 2

Section 239 Crimes Act 1961

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any person with intent to steal it.

Question 3

Five Phase of Investigating Blackmail

Answer 3

1. Initial report phase
2. Mobilisation phase
3. Consolidation phase
4. Investigation and operation phase. including:
   - Investigation and identification of offender and threats
   - Negotiation
   - Payment
   Intervention/arrest.
5. Reactive Phase.