Blackmail And Demanding With Intent To Steal

Question 1

Section 237(1)(a)

Answer 1

Blackmail (intent - made to act)
14 years imprisonment

1. Threatens expressly or by implication
2. Makes an accusation.
3. Against any person living or dead.
4. To disclose something about any person OR damage to serious property OR dangerous safety of any person
5. With intent.
6. To cause person to act in accordance with will of person making threat.

Question 2

Section 237(1)(b)

Answer 2

Blackmail (intent - benefit/loss)
14 year imprisonment

1. Threatens expressly or by implication
2. Make an accusation against any person living or dead.
3. to disclose something about any person OR cause serious damage to property OR dangerous safety of any person
4. With intent
5. To obtain benefit/cause loss to any person

Question 3

Obtains

Answer 3

Obtain or retain for them or another. Had initial claim to it then took it too far.

Question 4

Pecuniary advantage

Answer 4

Anything that enhances the accused’s financial position

Question 5

Benefit

Answer 5

Doesn’t require financial element

Includes
- Privilege
- Service

Has no monetary value

Question 6

Five phases of blackmail offence investigation

Answer 6

1. Initial report.
2. Mobilisation.
3. Consolidation.
4. Investigation and operational.
5. Reactive phase.

Question 7

Blackmail – initial action

Answer 7

1. Contact emergency comms.
2. Reassure complainant.
3. Establish timeframe, details, location, nature of demand.
4. Complainant to record all contact.

Geographical considerations

Question 8

Blackmail - mobilisation phase

Answer 8

• OC investigation
• Monitor and record events
• Consider 5WH
• resources - PNT, surveillance, HT CG, Intel, media, TOG

Question 9

Blackmail – consolidation phase

Answer 9

Setting up strategies
- Investigation
- Threat assessment
- Media
- Victim organisations
- ESR
- PNT

Question 10

Blackmail- investigation and operational phase

Answer 10

• Managing victim
• ID and interview witnesses
• Comms data
• Evidence - fingerprints, texts, handwriting, DNA
• Contact with offender
• ID suspect

Question 11

Blackmail- reactive phase

Answer 11

1. Evidence from suspect
   - Details
   - Electronics
   - Handwriting
   - Documents
   - Ransom recovery
2. Interview.
3. Charge and prosecute.

Question 12

Section 239(1)

Answer 12

Demanding with intent to steal
14 year imprisonment

1. Without claim of right.
2. By force or threat.
3. Compels any person
4. to execute, make, except, endorse, alter or destroy
5. Any document.
6. Capable of conferring a pecuniary advantage
   With intent to obtain any benefit

Question 13

Valuable consideration

Answer 13

R v Hayes

Anything capable of being valuable consideration

Money or monies worth

Example winning lotto ticket

Question 14

Control

Answer 14

Exercise, authoritative or dominating influence over it

Doesn’t have to be in the physical custody