Blackmail

Question 1

Blackmail - Section - Penalty

Answer 1

Section 237 Crimes Act 1961

14 years Imprisonment

Question 2

What are the elements of Blackmail?

Answer 2

• Threatens, expressly or by implication
• To make any accusation against any person OR
• To disclose something about any person OR
• to cause serious damage to property OR
• endanger the safety of any person OR
  With Intent to :
  (a) to cause the other person whom the threat is being made to act according to the will of the person making the threat and
  (b) to obtain a benefit or cause loss to any person

Question 3

What must you prove?

Answer 3

Identity of the suspect and that they threatened, expressly or by implication, to:

• make any accusation to any person or
• disclose something about any person
• to cause serious damage to property
• endanger the safety of any person
• the intention to cause the threatened person to act accordingly to their will and to obtain a benefit or cause loss to any person

Question 4

What is the statutory defence?

Answer 4

A belief alone that there is a entitlement to the benefit or the cause of loss gives a defence, the threat must be reasonable and proper in the circumstances.

Question 5

What is benefit under section 237?

Answer 5

237(3) means any benefit, pecuniary advantage, privilege, property, service or valuable consideration.