Blackmail and Demanding with Intent to Steal, etc Flashcards
Liability: Blackmail
237 (1) Crimes Act 1961
Any person,
Threatens, (expressed or implied) 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
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.
Define: Threaten - Blackmail
Expressly or by implication, may be subtle and indirect.
Define: Accusation - Blackmail
Will normally refer to an allegation that a person is guilty of criminal offending. Immaterial if true or false.
Define: Disclosure - Blackmail
Does not need to relate to criminal offending. It can extend to information that would cause serious embarrassment or emotional distress.
Define: Obtain - Blackmail
To obtain, or retain, for himself, herself or any other person.
Define: Benefit - Blackmail
Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration.
Liabilty: Demanding with intent to steal, etc
(1)
239 (1) Crimes Act 1961
Without claim of right,
By force or with any threat
Compels any person to
Make, accept, alter, destroy, execute, or endorse any document
Capable of conferring a pecuniary advantage
With intent to obtain any benefit.
Define: Demand
A clear request, made firmly
Define: Menaces or any threat
No practical difference, sufficient if words or conduct convey a threat of something detrimental or unpleasant happening to a person.
Liability: Demanding with intent to steal, etc
(2)
239(2) Crimes Act 1961
With menace or by any threat,
Demands any property,
From any person,
With intent to steal it.
