Blackmail

Question 1

Elements of blackmail

Answer 1

Section 237(1)
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
To cause the person to whom the threat is made to act in accordance with the will of the person making the threat and
To obtain any benefit or to cause loss to any other person

Question 2

Threatens

Answer 2

• Requires little more than to make clear an intention.
• The threat does not need to be overt but may be subtle and indirect.
• Includes where the suspect makes the threat themselves and where the suspect knowingly and intentionally passes the threat made by another on, with the intention of assisting the threat maker in achieving their purpose.
• It is not necessary that the person conveying the threat holds themselves out as the person who might execute the threat.
• It is not necessary that the person threatened by the offender be the same person against whom the accusation or disclosure is to be made, or whose property is to be damaged or safety endangered.
• The threat does not need to be received directly by the intended victim, provided it is conveyed to that victim.

Question 3

Accusation

Answer 3

• Will normally refer to an allegation.
• It is immaterial whether the substance of the accusation is true.
• The accusation does not need to relate to the person from whom the demand is made.

Question 4

Disclosure

Answer 4

Revelation of information which would cause serious embarrassment or emotional distress.
The disclosure does not need to relate to the person from who the demand is made.

Question 5

Obtain

Answer 5

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

Question 6

Benefit

Answer 6

Includes a privilege, service or benefit that has no ascertainable monetary value.

Question 7

Pecuniary advantage

Answer 7

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

Question 8

Privilege

Answer 8

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

Question 9

Valuable consideration

Answer 9

Money or money’s worth.

Question 10

Statutory defence

Answer 10

It is a defence to a charge of blackmail if the defendant showed they believed they were entitled to obtain a benefit or to cause the loss and objectively viewed the making of the threat was a reasonable and proper means for obtaining the benefit or causing the loss.
Belief by the person making the threat is in itself not a defence unless the threat is in the circumstances reasonable and proper means for effecting their purpose.

Question 11

Elements of demanding with intent to steal (1)

Answer 11

Section 239(1)
Without claim of right
By force or with any threat
Compels any person to execute, make, accept, endorse, alter or destroy
Any document capable of conferring a pecuniary advantage
With intent to obtain any benefit

Question 12

Elements of demand with intent to steal (2)

Answer 12

Section 239(2)
With menaces or by any threat
Demands any property from any persons
With intent to steal it

Question 13

Execute

Answer 13

To do what the law requires to give validity to the document.

Question 14

Document capable of conferring a pecuniary advantage

Answer 14

Document is a thing which provides evidence or information or serves as a record.
A document is capable if it could do so in certain circumstances even if those conditions are not likely to occur.

Question 15

Demand

Answer 15

Clear request made firmly.

Question 16

Menaces

Answer 16

It will be sufficient if the words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made.

Question 17

Blackmail phases (5)

Answer 17

1. Initial report phase - initial reports need to be dealt with quickly and usually covertly.
2. Mobilisation phase - OC investigation must be appointed without delay. The OC investigation is in overall tactical command and the principal decision maker. The OC investigation must develop strategy for investigation, acquire, deploy and manage resources and continually review strategy.
3. Consolidation phase - strategies and processes are set up within the available resource and staff constraints.
4. Investigation and operational phase - the complexity of this type of investigation requires special considerations. The primary aim being the preserve life and public safety, it may be necessary to establish negotiation and payment phases.
5. Reactive phase - gathering evidence from suspects, interviewing suspects, charging and prosecution suspects.