Blackmail & Demands with intent to steal Flashcards
Blackmail Legislation
Section 237, Crimes Act 1961
(1) Every one commits blackmail who
- 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
(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.
Section 238 CA 1961
Every one who commits blackmail is liable to imprisonment for a term not exceeding 14 years
Threatens meaning
The term “threatens” should be taken liberally. It is up to the jury to decide on the meaning to be given to any words used, accompanied by the rest of the evidence available.
(Does not need to be received directly provided the threat is conveyed to the victim)
Accusation meaning
The word “accusation” will normally refer to an allegation that the defendant person is guilty of criminal conduct.
It is immaterial whether the substance of the accusation is true or false
Disclosure meaning
“Disclosure” will extend to revealing of
information which does not relate to illegal conduct but is something which would cause serious embarrassment or emotional distress.
Also includes information that lead to an investigation for which charges may ensue.
Obtain meaning
‘to obtain or retain for himself or herself or for any other person’
Benefit means
Section 237(3) - Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Pecuniary Advantage Meaning
Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position
Privilege meaning
Means a special right or advantage and need not be a financial one. (Access to a rugby game?)
Valuable consideration meaning
Means money or money’s worth
Property meaning
Property includes real and personal property and any estate or interest in any real or personal property, [money, electricity] and any debt and any thing in action and any other right or interest.
Statutory defence to blackmail
- A belief by the person that they are entitled to the benefit or to cause loss is not in itself a defence.
- It may be a defence where the threat made is, in the circumstances, a reasonable and proper means for effecting his purpose
- Where this defence is raised the court will be required to determine what is reasonable and proper (Objectively viewed)
Demanding with intent to steal
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 persons
- with intent to steal it.
Execute meaning
o “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.”
Entry into a computer program may suffice
Document capable of conferring a pecuniary advantage meaning
A Document capable of conferring a pecuniary advantage if it could do so in certain circumstances and includes such things as; cheques, airline tickets, TAB
tickets, completed bank withdrawal slip, insurance claim etc.
Demand meaning
- It is sufficient if there is a clear request, made firmly.
- It is not necessary that the demand be communicated to the person to whom it is directed and can be passed on from someone
Menaces or any threat meaning
- No practical difference between the two terms
- It is sufficient if the words or conduct convey a threat of something detrimental or unpleasant to the person threatened
Intent to steal
Section 239 requires the prosecution to show the defendant acted dishonestly and without claim of right
