Blackmail Exam qs

Question 1

Blackmail section 237(2) defence

Answer 1

Claim of right – Accused believes in an entitlement to benefit or cause loss and the threat is reasonable and proper means to bring about obtaining or causing loss. Jury determines if means were reasonable and proper.

Question 2

What is the statutory defence to the charge of blackmail under section 237(2) CA 61?

Answer 2

• A belief by the person making the threat that they are entitled to the benefit or to cause the loss and the threat is a reasonable and proper means for effecting their purpose.
• The belief is not a defence to the charge unless the threat in the circumstances is reasonable and proper for the effecting their purpose. The jury to determine whether the means was reasonable and proper.

Question 3

The intents of Blackmail.

Answer 3

• Intent to cause the person to whom the threat is made to act in accordance with the will of the person making the threat.
• Intent to obtain any benefit or to cause loss to any person.

Question 4

Blackmail
S.237(1) CA.1961
14yrs

Answer 4

• Threatens expressively or by implication
• To make an accusation against an person living or dead OR to disclose something about any person living or dead OR to 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
• To obtain any benefit OR to cause loss to any other person

Question 5

For a conviction of Blackmail, what must be proven?

Answer 5

• Disclose something about a person (living or dead); or
• Cause 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 to obtain any benefit or to cause loss to any person.

Question 6

Outline the five phases of the general pattern of investigations of Blackmail.

Answer 6

• Initial report
• Mobilisation
• Consolidation
• Investigation and operational: Includes
• investigation and identification of the offender and threats
• Negotiation
• Payment
• Intervention or arrest
• Reactive – includes prosecution

Question 7

Define Accusation:

Answer 7

Will normally refer to an allegation that a person is guilty of criminal conduct. It is immaterial whether the substance of the accusation is true or false.

Question 8

Ingredients of Blackmail

Answer 8

Claim of right
Proprietary and possessory right at the time