Violence - Blackmail and Demanding with Intent to Steal

Question 1

What is the elements for s237(1) CA 1961 - Blackmail?

What is the penalty?

Answer 1

Answer:
1. With intent

2. to cause the person to whom the threat is made to
   act in accordance with the will of the person
   making the threatand to obtain any benefit or to cause loss to any
   other person
3. threatens or by implication to make any accusation
   against any person (whether living or dead)
   to disclose something about any personor to cause serious damage to property or
   endanger the safety of any person.

Answer:
Max 14 years imprisonment

Question 2

What must you prove for blackmail?

Answer 2

Answer:
You must prove the identity of the 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 3

What does the term “threatens” mean?

What must the jury decided regarding the term threaten?

Does the person threatened have to be the person the disclosure is made to or property is to be damaged or safety endangered?

Answer 3

Answer:
The offender must intend that the person threatened act in accordance with his (the offender’s) will, and the purpose of the threat must be to

• obtain any benefit or to cause loss to any other
  person.

Answer:
It is up to the jury to decide on the meaning to be given to any words used and it does this in light of all evidence.

Answer:
- Not necessary that the person threatened by the
offender, be the same person against whom the
accusation or disclosure is to be made
or whose property is to be damaged or safety
endangered.

E.g
“Offender A threatens “X” that if he does not do as he (“A”) instructs, then “A”will make an accusation or disclosure against “T”.

Question 4

Does the threat have to be received directly. What case law supports this?

Answer 4

Answer:
No.
In R v Marshall the court confirmed that the threat need not be received directly by the intended victim provided it is conveyed to that victim.

Question 5

What is meant by an accusation?

Does the accusation have to be true?

Answer 5

Answer:
Refers to an allegation that the defendant person is guilty of criminal conduct. It will not require that any formal charges have been filed against the person .

Answer:
No. It is immaterial whether the substance of the accusation is true or false.

Question 6

What is threats to damage property or endanger persons?

Answer 6

Answer:
It is sufficient for the prosecution that the defendant threatened to cause serious damage to the property or to endanger the safety of any person.

Question 7

What does the term obtain mean?

Answer 7

Answer:
- Defined in section 217 of the Crimes Act 1961
-Means ‘to obtain or retain for himself or herself or for
any other person’.
- The benefit may be a benefit either for the offender
or for some other person.

Question 8

What does the term benefit mean?

Answer 8

Answer:
‘Benefit’ is defined in section 237(3) CA 1961, and the definition applies not only to section 237, but also to section 239 (demanding with intent to steal)
Pecuniary advantage, etc defined

Question 9

What is pecuniary advantage?

Answer 9

Answer:
Not defined in statute for the purposes of this section.

Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 10

What is privilege?

Answer 10

Answer:

Means a special right or advantage and need not be a financial one.

Question 11

What is valuable consideration?

Answer 11

Answer:

Means money or money’s worth.

Question 12

What is property defined by s2 CA 1961?

Answer 12

Answer:
Property includes real and personal property and any estate or interest in any real or personal property, [money, electricity] and any debt and any thing in action and any other right or interest.

Question 13

What is the statutory defence for the charge or blackmail as defined by s237 (2) CA 1961?

Answer 13

Answer:
An accused can avoid liability where
- he or she believes in an entitlement to obtain the benefit or to cause the loss
and, objectively viewed,
- the threat is a reasonable and proper means for bringing about that obtaining or that causing of the loss.

It will be for the jury to determine whether the means were reasonable and proper.

Question 14

What are the elements of s239 (1) CA 1961 - Demands with intent to steal?

What is the penalty?

Answer 14

Answer:
1. Without claim of right

2. by force or with any threat
3. Compels any person to execute, make, accept,
   endorse, alter, or destroy any document capable of
   conferring a pecuniary advantage
4. With intent to obtain any benefit

Answer:
Max 14 years imprisonment.

Question 15

In s239 (1) CA 1961 What are the actions of the defendant to cause an offence?

Why is it not robbery?

Answer 15

Answer:
-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.

The defendant must compel the execution, etc of a document, which will require that the will of the other person be actually overborne. This must be done by force or by a threat.

“Force” requires the use or threatened use of violence, but the force need not be directed at the person who will make or alter the document. Force used on another person should suffice

Answer:
Such conduct will not amount to robbery, because no property is taken or dealt with by the defendant.

.

Question 16

What is meant by execute?

Answer 16

Answer:
-To “do what the law requires to give validity to the
document.
- It is not confined to the signing or doing something
to the face of the document.”
- Entry of data on a computer system may amount to
execution of a document

Question 17

What is a document capable of conferring a pecuniary advantage?

Answer 17

Answer:
Defined in s217 of the CA 1961.
A document is a thing which provides evidence or information or serves as a record.

A document is capable of conferring a pecuniary benefit include such things as; cheques, airline tickets, TAB tickets, completed bank withdrawal slip, insurance claim etc.

Question 18

What is demand in the context of s239 CA 1961?

Answer 18

Answer:
- It is sufficient if there is a clear request, made firmly.
- It is not necessary that the demand be
communicated to the person to whom it is directed;
- It is sufficient that the intention be that the demand
be passed on

Question 19

What is the difference between menaces and threat?

Answer 19

Answer:
No clear difference
Words or conduct that convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made.

Question 20

S239 requires the prosecution show the defendant acted dishonestly and without claim of right. What does that mean?

Answer 20

Answer:
That the defendant had an intent to steal

No belief in a possessory right or knew the act or omission was without belief there was implied or express consent or given by a person without authority to do so.

Question 21

What is the definition of dishonestly?

Answer 21

Answer:
Dishonestly, in relation to an act or omission, means done or omitted without a belief that there was express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority

Question 22

What is the definition of claim of right?

Answer 22

Answer:
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.

Question 23

In relation to s237 (2) Is the belief that, the person making the threat, be entitled to the benefit or to cause loss a defence to s237 (1)?

Answer 23

Answer:
No it is not a defence in itself unless the threat is in the circumstances, a reasonable and proper means for effecting his or her purpose?

Question 24

What is “product contamination”

Answer 24

Answer:
A deliberate contamination of or interference with goods
Any attempt or threat to carry this out that may cause public alarm
or cause the public to be harmed or to refrain from purchasing the goods or
to cause anyone to suffer economic loss by acting to avoid public alarm

Note: Unlike blackmail product contamination is not always accompanied by a threat or demand.

Question 25

What is the meaning of menaces?

Answer 25

Answer:
Menaces include all verbal or written threats
No threat of physical harm is required.
They include any threat of something detrimental or unpleasant to the victim.
Threat be of such a kind to intimidate or influence a person of ordinary courage

Question 26

What sequence do blackmail investigations follow?

Answer 26

Answer:

• Initial report phase
• mobilisation phase
• consolidation phase
• investigation and operation phase
• negotiation
• payment
• intervention/arrest
• Reactive phase

Question 27

What are the elements of s239 (2) CA 1961 - Demands with intent to steal?

What is the penalty?

Answer 27

Answer:
1. With menaces Or by any threat

2. demands any property from any persons
3. With intent to steal it.

Answer: 7 years imprisonment