Blackmail

Question 1

S237

Answer 1

Blackmail
-Threatens expressly or by implication.
To make any accusations against any person(whether living or dead) OR

to disclose something about any person (whether living or dead) OR

to cause damage to property OR
to 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

Defence to blackmail 237(2)

Answer 2

If satisfy elements guilty of blackmail even though believe entitled to the benefit or to cause the loss UNLESS the making of the threat is a reasonable and proper means for effecting purpose.

Court required to determine what’s reasonable/proper in circumstances.

Question 3

239(1)

Answer 3

Demanding with intent to steal.
-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 4

239(2)

Answer 4

Demanding with intent to steal
- with menace OR by any threat
- demands any property from any person with intent to steal it.

Question 5

5 phases for blackmail

Answer 5

Initial report
Mobilisation
Consolidation
Investigation and operational
Reactive