Blackmail Flashcards
Section 237, Crimes Act 1961
Blackmail
(1) Threatens
(2) Expressly, or by implications
(3) To make any accusation against any person (whether living or dead), or to disclose something about any person (whether living or dead), or to cause serious damage to property, or endanger the safety of any person
(4) 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
What is the penalty for blackmail?
14yrs imprisonment
What must you prove for blackmail?
That they threatened, expressly or by implication, to:
- Make any accusation against any person (whether living or dead)
- Disclose something about any person (whether living or dead)
- Cause serious damage to property
- Endanger the safety of any person
And that the suspect intended 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
Threatens
To make clear an intention.
Includes threats made by the suspect themselves and where the suspect knowingly and intentionally passes the threat on to another, with the intention of assisting the threat-maker achieve their purpose
Allegation
Normally refers to an allegation that the person is guilty of criminal offending, whether or not any formal charges have been filed.
Disclosure
Revelation of information which would cause serious embarrassment or emotional distress
Pecuniary advantage
Anything that enhances the accused’s financial position
Privilege
A special right or advantage
Valuable consideration
Money or money’s worth
Benefit
Need not require a financial element, but includes a privilege, service or benefit that has no ascertainable monetary value
Section 237(2) - Statutory defence for blackmail
It is a defence to a charge of blackmail for the defendant to show they believed they were entitled to obtain the benefit or to cause the loss, and the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss.
Belief by itself it not a defence, unless the threat is, in the circumstances, a reasonable and property means for effecting his or her purpose. The court will be required to determine what is reasonable and property, in the circumstances.
Section 239(1), Crimes Act 1961 (Demanding with Intent to Steal)
(1) Without claim of right
(2) By force or with any threat
(3) Compelled any person to
(4) Execute, make, accept, endorse, alter or destroy
(5) Any document capable of conferring a pecuniary advantage
(6) With intent to obtain any benefit
Section 239(2), Crimes Act 1961 (Demanding with menaces or threat)
(1) With menaces or by any threat
(2) Demanded any property
(3) From any persons
(4) With intent to steal it
7yrs imprisonment
The offence is complete when the demand is made.
Defence = belief of claim of right
Menaces = Includes all verbal or written threats. No threat of physical harm required.
What are the phases of a blackmail investigation?
(1) Initial report phase
(2) Mobilisation phase
(3) Consolidation phase
(4) Investigation and operational phase
- Negotiation
- Payment / pseudo payment
- Intervention / arrest
(5) Reactive phase
Arrest should only be effected when:
(1) Not arresting would present a greater risk than making the arrest
(2) Necessary to protect life of victim or public safety
(3) Threatened harm has been neutralised
(4) It can reasonably be expected that the threat will be neutralised once the arrest has occurred
(5) Sufficient evidence exists to justify the arrest
