Blackmail & Demands Flashcards

1
Q

Blackmail Act, section, elements

A

Blackmail Section 237 CA 1961

  • 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

  • to cause serious damage to property

OR

  • endanger the safety of any person
  • with intent to:
    (a) 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.
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2
Q

Define threatens

A

to state one’s intention to take hostile action against another

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3
Q

Define Accusation

A

An allegation that a person is guilty of criminal offending.

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4
Q

Define Disclosure

A

The revelation of information which would cause serious embarrassment or emotional distress.

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5
Q

Define Property

A

S2 CA61 Any real and personal property or any estate or interest in real and personal property.

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6
Q

Define Obtains

A

To retain for himself or any other person

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7
Q

Define Benefit

A

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

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8
Q

Define Pecuniary Advantage

A

Financial gain, enhancement of a person’s financial position.

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9
Q

Define Privilege

A

A special right or advantage, need not be a financial one.

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10
Q

Define Valuable consideration

A

Money or money’s worth

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11
Q

Statutory defense to Blackmail?

A

Section 237(2) CA1971 - The person making the threat must believe they were entitled to obtain the benefit or cause the loss and;

believe it was a proper and reasonable means of effecting their purpose.

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12
Q

What are the five phases of a Blackmail investigation?

A
  • Initial report phase
  • Mobilisation phase
  • Consolidation phase
  • Investigation and operation phase - (negotiation, payment, pseudo payment, intervention / arrest)
  • Reactive phase
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13
Q

Demanding with intent to Steal, etc (1) - Act, Section, Elements

A

Demanding with intent to Steal, etc - Section 239(1) CA1961

  • 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
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14
Q

Demanding with intent to Steal, etc (2), (Menaces) - Act, Section, Elements

A
  • With Menaces or by any threat
  • Demands any property
  • From any person
  • With intent to steal it
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