Violence - Blackmail and demands CIB 010

Question 1

Section 237(1) CA 1961

Answer 1

Blackmail

Threatens expressly or by implication

To make any accusation against any person or discloses something about any person or cause serious damage to property or endanger the safety of another person

With intent to -
Cause the person to act in accordance with the will of the person making the threat.

AND obtained any benefit or cause loss to any other person.

14 Years

Question 2

Threatens

Answer 2

Expressly or by implication. Has its ordinary meaning of making a clear intention.

Question 3

Threats

Answer 3

Does not need to be overt but the victim must receive the threat.

Question 4

R v Marshall

Answer 4

The threat made does not need to be received directly by the intended victim provided it is conveyed to that victim.

Question 5

Accustation

Answer 5

Normally refers to an allegation of criminal offending

Question 6

Disclosure

Answer 6

Has a wider meaning that accusation, it doesnt need to refer to criminal offending and extends to allegations that would otherwise cause serious embarrassment or distress.

Question 7

Obtain

Answer 7

Means to obtain or retain for himself or any other person.

Question 8

Pecuniary Advantage

Answer 8

An economic advantage or financial gain

Question 9

Privilege

Answer 9

A special right or advantage

Question 10

Valuable consideration

Answer 10

Money or money’s worth.

Question 11

Benefit

Answer 11

Any benefit, pecuniary advantage, privilege, service or valuable consideration

Question 12

Defence

Answer 12

It is a defence if the defendant believed that they were entitled to obtain the benefit or cause the loss AND the making of the threat was reasonable and proper means for doing so.

To be decided by a jury.

Question 13

Section 239(1) CA 1961

Answer 13

Demanding with intent to steal

WCOR

By force or any threat

Compels any person to execute, make, accept, endorse, alter, or destroy, any document of conferring a pecuniary advantage MADEE.

With intent to obtain a benefit.

14 years

Question 14

Section 239(2) CA 1961

Answer 14

Demands with intent to steal

With menaces or by any threat

demands any property

from any persons

with intent to steal

7 Years

Question 15

Force or threats

Answer 15

Causes another to alter or deal with a document which is capable of conferring a pecuniary advantage with intent to obtain any benefit.

Relates to no property being taken.

Question 16

Execute any document

Answer 16

To give legal validity to the document

Question 17

Document

Answer 17

Something which provides evidence or information or serves as a record.

Question 18

Demand

Answer 18

A clear request, made firmly.

Question 19

Menaces vs threat

Answer 19

The have the same practical meaning.

Question 20

Intent to steal - Section 239 must show

Answer 20

The defendant acted dishonestly and WCOR.

Question 21

5 Phases of Blackmail Investigation

Answer 21

Initial Report

Mobilisation

Consolidation

Investigation and operational phase - Investigation, negotiation, payment, intervention arrest

Reactive Phase

Question 22

Initial report

Answer 22

Deal with quickly and covertly

Question 23

Mobilisation

Answer 23

O/C appointed immediately, investigation strategy formed, deploy and manage resources

Question 24

Consolidation phase

Answer 24

O/C develops media, investigation, negotiation and arrest plans

Question 25

Investigation phase

Answer 25

Investigation
Negotiation
payment
intervention arrest

Question 26

Reactive phase

Answer 26

Obtaining evidence from suspects