VIOLENCE - BLACKMAIL AND DEMANDS TO STEAL

Question 1

Blackmail

Section and Penalty

Answer 1

Section 237(1), CA1961

14 years imprisonment

Question 2

What are the elements of black mail

Answer 2

(1) Everyone commits blackmail who threatens, expressly or by implication,

to make any accusation against any person (whether living or dead),

to disclose something about any person (whether living or dead),

or to cause serious damage to property or 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

Question 3

Explain the statutory defence to blackmail

Answer 3

Section 237(2), CA1961

When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about.

Up to the jury to decide if threat is reasonable and proper

Question 4

What must you prove to successfully convict someone of blackmail?

Answer 4

The identity of the suspect and that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (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 in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person.

Question 5

What must you prove to successfully convict someone of blackmail?

Answer 5

The identity of the suspect

and

that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (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 in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person.

Question 6

What must the offender’s intent be, and what must the purpose of their threats to the victim be

Answer 6

The offender must intend that the person threatened will act in accordance with the offender’s will

The purpose of the threats must be to obtain a benefit or cause loss to any other person

Question 7

Define the following terms

• Pecuniary advantage
• Privilege
• Valuable consideration

Answer 7

Pecuniary advantage
- financial advantage, gain or benefit; enhancement of someone’s financial position

Privilege
- Special right or advantage, need not be financial

Valuable consideration
- Money or money’s worth

Question 8

Define obtain

Answer 8

Section 217, CA1961

To obtain or retain for themselves or any other person

Question 9

Give the elements of Demands with Intent to Steal

Answer 9

Section 239, CA1961

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, 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) Every one is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands any property from any persons with intent to steal it.

Question 10

What must you prove to successfully convict someone of demands with intent to steal?

Answer 10

The prosecution must show that the defendant acted dishonestly and without claim of right