Blackmail short answers

Question 1

What you must prove for blackmail

Answer 1

Identity of suspect and that they threatened, expressly or by implication to:

• make any accusation against any person (whether living or dead) or,
• disclose something about any person (whether living or dead) or
• cause serious damage to property or
• endanger the safety of any person 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, and obtain any benefit or to cause loss to any other person

Question 2

Defence to blackmail charge

Answer 2

Section 237 (2) provides a defence.

A belief by the person making the threat that they are entitled to the benefit or to cause the loss is not in itself a defence to blackmail, unless the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

Question 3

Actions by the defendant with demanding with intent to steal offence

Answer 3

The essence of the offence contained in subsection (1) is that the defendant has used force or threats to cause another to create, alter or deal with a document which is capable of conferring a pecuniary advantage. Such conduct will not amount to robbery because no property is taken or dealt with by the defendant.