Blackmail & Demands

Question 1

Blackmail

Answer 1

Section 237(1) Crimes Act 1961
- 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 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.

Question 2

Blackmail Section 237(2)

Answer 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 for effecting his or her purpose.

Question 3

Blackmail Section 237(3)

Answer 3

In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

Question 4

Threatens

Answer 4

the term ‘threaten, expressly or by implication’, carries its ordinary meaning which requires little more than to ‘make clear an intention’.
The threat does not need to be overt but may be subtle and indirect.

The purpose of the threat must be to obtain any benefit or to cause loss to any other person. It is not necessary that the person threatened by the offender be the same person against whom the accusation or disclosure is to be made, or whose property is to be damaged or safety endangered.

Question 5

Communication of threat (R v Marshall)

Answer 5

The threat made does not need to be received directly by the intended victim, provided it is conveyed to that victim.

Question 6

Accusation

Answer 6

will normally refer to an allegation that the person is guilty of criminal offending. It is immaterial whether the substance of the accusation is true or false.

Question 7

Disclosure

Answer 7

disclosure does not need to relate to criminal offending and will extend to revelation of information which would cause serious embarrassment or emotional distress. The disclosure does not need to relate to the person from who the demand is made. R v Redman

Question 8

Obtain

Answer 8

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

Question 9

Benefit

Answer 9

Benefit does not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value.

Question 10

Pecuniary advantage

Answer 10

means an economic advantage or a financial gain or benefit, an enhancement of a person financial position.

Question 11

Privelage

Answer 11

means a special right or advantage and need not be a financial one

Question 12

valuable consideration

Answer 12

means money or moneys worth

Question 13

Demanding with intent to steal

Answer 13

Section 239 Crimes Act 1961
- 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

Question 14

Execute

Answer 14

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 15

Document

Answer 15

A document is essentially a thing which provides evidence or information or serves as a record.

Question 16

demand

Answer 16

sufficient if there is a clear request, made firmly. It is sufficient that the defendant said something that constituted such a demand to one person, with the intention that it be passed on to another person from whom the property was demanded