Blackmail & Demands Flashcards
Blackmail Act, section, elements
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.
Define threatens
to state one’s intention to take hostile action against another
Define Accusation
An allegation that a person is guilty of criminal offending.
Define Disclosure
The revelation of information which would cause serious embarrassment or emotional distress.
Define Property
S2 CA61 Any real and personal property or any estate or interest in real and personal property.
Define Obtains
To retain for himself or any other person
Define Benefit
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Define Pecuniary Advantage
Financial gain, enhancement of a person’s financial position.
Define Privilege
A special right or advantage, need not be a financial one.
Define Valuable consideration
Money or money’s worth
Statutory defense to Blackmail?
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.
What are the five phases of a Blackmail investigation?
- Initial report phase
- Mobilisation phase
- Consolidation phase
- Investigation and operation phase - (negotiation, payment, pseudo payment, intervention / arrest)
- Reactive phase
Demanding with intent to Steal, etc (1) - Act, Section, Elements
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
Demanding with intent to Steal, etc (2), (Menaces) - Act, Section, Elements
- With Menaces or by any threat
- Demands any property
- From any person
- With intent to steal it