Blackmail Etc.

Question 1

Blackmail

Answer 1

BLACKMAIL 237 (1)(a)(b)
Everyone/Commits blackmail/ Who threatens/ Expressly OR by implication/ To make any accusation OR To disclose something about any person (dead or living) OR To cause serious damage to property OR Endanger the safety of any person/ With intent
(a) To cause the person whom the threat is made to act in accordance with the will of the person making the threat
(b) To obtain any benefit or to cause loss to any other person

Question 2

Blackmail Must Prove

Answer 2

MUST PROVE - BLACKMAIL
Make any accusation against any person, disclose something about any person, cause serious damage to property, endanger the safety of any person with intent to cause person whom threat is made to act in accordance with the will of the person making the threat and obtain benefit or to cause loss to any other person

Question 3

Accusation

Answer 3

ACCUSATION
An allegation that the defendant person is guilty of criminal conduct. Does not require formal charges. Is immaterial whether the substance of the accusation is true or false.

Question 4

Disclosure

Answer 4

DISCLOSURE
Includes revelation of info that may lead others to being an investigation. Threat does not need to be of any particular offence. Extends to something that would cause serious embarrassment/emotional distress.

Question 5

Pecuniary Advantage Etc

Answer 5

PA - Economic advantage or financial gain/benefit, an enhancement of
person’s financial position

Privilege - Special right or advantage

Valuable Consideration - Money or moneys worth

Question 6

Defence to Blackmail S237(2)

Answer 6

BLACKMAIL DEFENCE
Can avoid liability if they believe in an entitlement to obtaining the benefit/to cause the loss, and, objectively viewed, the threat is a reasonable and proper means for effecting their purpose - hard bargaining vs blackmail.
It will be for the jury to determine whether the means were reasonable and proper.

Question 7

Demanding with intent to steal (1)

Answer 7

DEMANDING w INTENT TO STEAL - S239(1)
Everyone/ 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.
(no property taken/dealt with like with robbery)
COMPLETE when threat made with necessary intent

Question 8

Demanding with intent to steal (2)

Answer 8

DEMANDING w INTENT TO STEAL - S239(2)
Anyone who/ With menaces OR by any threat/ Demands any property/ From any person/ With intent to steal it
- If violence is less immediate than In Robbery

Question 9

Document

Answer 9

Provides evidence or information that serves as a record - cheques, airline tix, TAB tix, insurance claim