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010 Violence Offences > Blackmail > Flashcards

Flashcards in Blackmail Deck (18)
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1
Q

What is the section?

A

S237 CA 1961

2
Q

What is the offence?

A

(1)
Every one 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.

3
Q

What does subsection S267(2) specify?

A

Every one who acts in the manner described in subsection (1) is guilty of blackmail, even though that person believes that he or she is entitled to the benefit or to cause the loss, unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his or her purpose.

4
Q

Under this section what does benefit mean?

A

means any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

5
Q

What section gives the penalty for blackmail?

A

S238

6
Q

What is the penalty for black mail?

A

14 years

7
Q

What must be proved for a charge of blackmail?

A

The identity of the offender as well as that they expressly or by implication threatened to do one of the things outlined in section 237(1)

8
Q

Define the term threatens

A

Is up to the jury to decide it’s meaning

9
Q

Who does the threat need to be against?

A

It doesn’t matter if the person threatened is not the person who the accusation or disclosure is made against or whose property is to be damaged or its safety endangered

10
Q

How must the threat be communicated?

A

It does not need to be received directly by the victim provided it is conveyed to the victim

11
Q

Define accusation

A

That the defendant person is guilty of criminal conduct.

It does not require formal charges to have been laid against the person.

12
Q

Does it matter i the accusation is true or false?

A

No

13
Q

Define disclosure

A

will extend to revealing information which does not relate to a criminal offence but would cause serious embarrassment or emotional distress to the person it is about.

14
Q

Define obtain

A

To obtain or retain for himself or herself or for any other person

15
Q

Define pecuniary advantage

A

economic advantage or a financial gain or benefit, an enhancement of a persons financial position

16
Q

Define privilege

A

a speicla right or advantage and need not be a financial one

17
Q

Define valuable consideration

A

Means money or moneys worth

18
Q

What is the statutory defence to black mail?

A

When a person believes in an entitlement to obtain the benefit/cause the loss and the threats are a reasonable and proper means for bringing about that obtaining or that causing of loss. It is up to the jury to decide is it was reasonable and proper.