Part 2: Blackmail and Demanding with Intent to Steal

Question 1

Blackmail is an offence under s237 of the Crimes Act 1961.
S238 - 14 years prisonment

1) Every one commits blackmail who
TEI AD DP ES

3) B PP S PA VC

Answer 1

1) Threatens, expressly or by implication, to
make any accusation against any person,
disclose something about any person,
cause serious damage to property
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.

(3) In this section and in section 239, benefit means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.

Question 2

Outline the defence of Blackmail 237(2)

2) Every one who acts in the manner described in subsection (1) is guilty of blackmail (DEFENCE)

Reasonable and proper

Answer 2

(2) Every one is guilty of blackmail, even though that person believes they are entitled to the benefit or to cause loss,

unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his purpose.

Question 3

Section 239, Crimes Act 1961
Demanding with intent to steal, etc

(1) Every one is liable to imprisonment for a term not exceeding 14 years who,
EM DAAD

(2) Every one is liable to imprisonment for a term not exceeding 7 years who,

Answer 3

(1) WCOR, 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.

(2) with menaces or by any threat, demands any property from any persons with intent to steal it.

Question 4

the five phase investigation of Blackmail offences

IMCIOR

Answer 4

Initial Report Phase
Mobilisaation Phase
Consolidation Phase
Investigation and Operational Phase
Reactive Phase