Demanding with intent to steal / Blackmail

Question 1

Demanding with intent to steal

Section/Penalty/Elements

Answer 1

CA 61; S239(1)
14 years imprisonment

1) Without claim of right
2) By force or with any threat
3) Compels any person to execute, make, accept, endorse, destroy, or alter any document capable of conferring a pecuniary advantage
4) With intent to obtain any benefit

Question 2

Demanding with menaces

Section/Penalty/Elements

Answer 2

CA61; S239(2)
7 years imprisonment

1) With menaces or by any threat
2) Demands any property from any person
3) With intent to steal it

Question 3

Claim of right
Definition

Answer 3

A belief in the possesory right to the property

Question 4

Blackmail

Section/Penalty/Elements

Answer 4

CA61; S237(1)

14 years imprisonment

1) Every one commits blackmail who
2) Threatens
3) Expressly or by implication
4) 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 5

Blackmail - statutory defence

Answer 5

S237(2) CA 61

When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about.

Up to the jury to decide if threat is reasonable and proper

Question 6

What must be proven with a charge of blackmail?

Answer 6

The identity of the suspect and that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (living or dead) or
• Cause serious damage to property or
• Endanger the safety of any person

And that the suspect intended 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 cause loss to any person.

Question 7

Five phase investigation of Blackmail

Answer 7

Phase 1: Initial report

Phase 2: Mobilisation - staff and investigation options

Phase 3: Consolidation - strategies and processes set up

Phase 4: Investigation and operational - key is preserve life

Phase 5: Reactive