Property Offences - Blackmail

Question 1

Blackmail Definition

Answer 1

• with a view to gain for himself or another / with intent to cause loss to another
• makes any unwarranted demand with menaces
  (unwarranted demand if he has reasonable grounds for making the demand and the use of the menaces is a proper means for reinforcing the demand)

Question 2

Maximum sentence for Blackmail

Answer 2

• indictable only
• 14 years imprisonment

Question 3

Gain and Loss definition (Blackmail)

Answer 3

• gain includes a gain by keeping what one has, as well as a gain by getting what one has not
• loss includes a loss by not getting what one might get, as well as parting with what one has

Question 4

Criminal conduct of Blackmail

Answer 4

• when the demand with menaces is made
• extremely difficult to have an offence of attempted blackmail as the defendant will either be preparing to make the demand/ already made it
• does not matter whether the demand brings about the desired consequence

Question 5

Blackmail through Letter

Answer 5

if a demand is made by letter, the offence is complete when the letter is posted - it does not have to be received

Question 6

Do threats have to be included in Blackmail?

Answer 6

The words or conduct has to intimidate/ influence anyone to respond to the demand

Thus, requires threats and conduct to influence a person to give in to the demands

Threats must be significant to the victim

The victim does not have to fear the threat