BLACKMAIL - Ingredients => Definitions

Question 1

Any Person

Answer 1

Person:

Proven circumstantially or by judicial notice

RTS:

……. (offender) is a person

Question 2

Threatens
(expressly or by implication)

Answer 2

Threatens

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, and it does this in the light of all the evidence.

It is not necessary however, 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.

Communication of the threat

_R V MARSHALL _

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

RTS

Question 3

to make an accusation against any person (living or dead)
OR
to disclose something about any person (living or dead)

OR
to cause serious damage to property or endanger the safety of any other person

Answer 3

Accusation:

The word “accusation” will normally refer to an allegation that the accused person is guilty of criminal conduct.

It is immaterial whether the substance of the accusation is true or false

Disclosure

“Disclosure” will extend to revelation of information which does not relate to illegal conduct but is nevertheless something which would cause serious embarrassment or emotional distress.

Threats to damage property or endanger safety of person(s)

Not defined – would take on it normal meaning.

There is no guidance is given as to what is meant by “serious damage to property”.

Person

As per 1.1

RTS

Question 4

With intent to cause the person to whom the threat is made to act in accordance with the will of the person making the threat

Answer 4

Intent

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

The offender must intend that the person threatened act in accordance with his (the offender’s) will, and the purpose of the threat must be to obtain any benefit or to cause loss to any other person.

RTS

Question 5

AND to obtain any benefit
OR
cause loss to any other person

Answer 5

Obtain - Section 217, Crimes Act 1961

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

Benefit - Section 237(3), Crimes Act 1961

Benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Pecuniary Advantage

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

Privilege

means a special right or advantage

Service

Not defined

Property - Section 2, Crimes Act 1961

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

Valuable Consideration

means money or money’s worth

OR

‘Loss’

Is likely to include financial and property losses and may also encompass emotional, cultural and intellectual losses.

This term is broad and encompassing. It may include financial or non financial loss.

Person

As per 1.1

RTS