Blackmail - s237

Question 1

Section & Penalty
- Blackmail

Answer 1

• s237(1) Crimes Act 1961
• 14yrs

Question 2

Elements
- Blackmail

Answer 2

• Every one commits blackmail who
• Threatens
• Expressly or by implication
• To make any accusation against any person (living or dead), 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 -

(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, &
(b) to obtain any benefit or to cause loss to any other person

Question 3

Statutory defence
- s237(2)

Answer 3

• A belief by the person making the threat that they are entitled to the benefit or to cause the loss is NOT in itself a defence to a charge under s237(1)
• Unless the threat is in the circumstances, a reasonable and proper means for effecting his purpose.

Question 4

Benefit
- s237(3) CA61

Answer 4

Means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.

Question 5

What must be proven for a charge of blackmail?

Answer 5

The identity of the suspect and that they threatened, expressly or by implication to:
* Make any accusation against any person (LoD)
* Disclose something about any person (LoD)
* 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
* Obtain any benefit or cause loss to any person

Question 6

What are the 5 phases of investigation

Answer 6

• Initial report
• Mobilisation - Staff and investigation options
• Consolidation - Strategies and processes set up
• Investigation & operational - Key is to preserve life
• Reactive

Question 7

Threatens

Answer 7

Carries it’s usual meaning, which requires little more than to ‘make clear an intention.’

• It’s a question of fact for the jury to decide if the conduct amounted to a threat.

Question 8

Communication of the threat

Answer 8

Doesn’t need to be received directly by the victim, provided it’s conveyed to them.

Question 9

Accusstaion

Answer 9

An allegation that the person is guilty of criminal offending whether or not any formal charges have been filed.

Question 10

Disclosure

Answer 10

“Disclosure” doesn’t need to relate to criminal offending and will extend to revelation of info which would cause serious embarrassment or emotional distress.

Question 11

Threats to damage property or endanger persons

Answer 11

A threats to endanger the safety of any person or damage property should be given its ordinary meaning, so to capture threats of direct and indirect harm.

Question 12

Obtain
- s217 CA61

Answer 12

To obtain or retain for himself, or any other person.

Question 13

Pecuniary advantage

Answer 13

Means an economic advantage or a financial gain or benefit, an enhancement of a person’s financial position.

Question 14

Privilege

Answer 14

Means a special right or advantage and need not be a financial one.

Question 15

Valuable consideration

Answer 15

Means money or money’s worth.