Liability: Blackmail

Question 1

Blackmail:
Act, Section, Penalty, Elements?

Answer 1

CA61 s237(1)
14 yrs

(1)
Threatens
Expressly or by implication
To make any accusation against
Any person (WLOD)
To disclose something about
Any person (WLOD)
Or to cause serious damage to any property or to endanger the safety of any person

With intent to:

(a)
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 benefit from, or to cause loss to, any other person.

Question 2

Blackmail:
What excuse is stipulated in section 237(2)?

Answer 2

…unless the making of the threat is, in the circumstances, a reasonable and proper means for effecting his purpose.

Question 3

Blackmail:
What does “threaten expressly or by implication” mean?

Answer 3

Carries its ordinary meaning, which requires little more than to “make clear an intention”.

Question 4

Blackmail:
Can passing on a threat be included in the offence?
(A third person communicating the threat makers threat to the recipient)

Answer 4

Yes, and this will be a question of fact to be decided by a jury based on the conduct of the defendant.

However, a person serving only as a conduit for the threat will not commit an offence.

Question 5

Blackmail:
What are the 5 phases of investigation?

Answer 5

I’m Cir

Initial Report
Mobilisation
Consolidation
Investigation
Reactive