Notes - Blackmail

Question 1

What is the statutory defence to the charge of blackmail under s237(2)

Answer 1

• belief by the person making the threat that they are entitled to the benefit or to cause the loss and the threat is a reasonable and proper mean for effecting their purpose

• belief is not a defence to the charge unless that threat in the circumstances is reasonable and proper for the effecting their purpose. Jury to determine whether the means was reasonable and proper

Question 2

The intents of blackmail

Answer 2

• intent to cause the person to whom the threat is made to act in accordance with the will of the person making the threat
• intent to obtain any benefit or to cause loss to any person

Question 3

Ingredients of blackmail and how the scenario meets the elements

Answer 3

Blackmail s237 14year
• threatens expressively or by implication
• make an accusation against an person loving 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 person
• with intent to cause the person to whine the threat is made to act in accordance with the will of the person making the threat
• to obtain any benefit OR to cause loss to any other person

Question 4

For a conviction of Blackmail, what must be proven ?

Answer 4

• make any accusation against a person
• disclose something about a person
• cause damage to property
• endanger the safety of any person with intent
• cause the person to whom the threat is made to act in accordance with the will of the person making the threat and to obtain any benefit or to cause loss to any person

Question 5

Outline the 5 phases of the general pattern of investigation of blackmail

Answer 5

• initial report
• mobilisation
• consolidation
• investigation and operational
• investigation and id of the offender and threats
• negotiation
• payment
• intervention or arrest
• reactive - includes prosecution

Question 6

Define accusation

Answer 6

Will normally refer to an allegation that a person is guilty of criminal conduct. It is immaterial whether the substance of the accusation is true or false

Question 7

A girls befriends and old lady and demands her PIN number of she won’t let her family see her anymore

Answer 7

A criminal allegation against a person

Question 8

Blackmail

Answer 8

Claim or right, proprietary and possessory right at the time