Violence- Blackmail

Question 1

Blackmail, section/elements?

Answer 1

Section 237
-Threatens, expressly or by implication
-to make any accusation against any person
-to disclose something about any person OR to cause serious damage to property OR endanger the safety of any person
-with intent to
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

Question 2

Section 237(2)CA1961?

Answer 2

Defence to Blackmail
Everyone who commits the acts of blackmail is guilty even if they believe they are 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.

Question 3

Section 238,CA1961

Answer 3

Punishment for blackmail is 14 years imprisonment.

Question 4

Demanding with intent to steal, section/elements?

Answer 4

Section 239(1)
-without claim of right
-by force or with any threat
-compels any person to execute, make,accept,endorse, alter, destroy
-any document capable of conferring a pecuniary advantage
-with intent to obtain any benefit.

Question 5

What is a document?

Answer 5

A thing which provides evidence or information or serves as a record

Question 6

What is blackmail?

Answer 6

Any communication that is intended to incite fear, or be interpreted as a threat in the mind of any reasonable person, that , if certain instructions or demand are not complied with, an act or omission will occur. Such act or admission would be to the prejudice of any person.

Question 7

When is demanding with intent to steal complete?

Answer 7

When a threat is made with the necessary intent.

Question 8

Section 239(2)?

Answer 8

Demanding with intent to steal
-with menaces or by any threat
-demands any property
-from any persons
-with intent to steal it.

Question 9

What you must prove for blackmail?

Answer 9

Identity of the suspect and that they threatened expressly or by implication to
-make an accusation against any person or
-disclose something about any person or
-cause serious damage to property or
-endanger the safety of any person
And they 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

Question 10

Define benefit as per S237(3)?

Answer 10

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