Blackmail

Question 1

Blackmail

Section and Penalty

Answer 1

S237(1) CA61

14 years imprisonment

Question 2

Elements

Answer 2

• Everyone commits blackmail who threatens, expressly or by implication
• to make any accusation against any person (whether living or dead) OR to disclose something about any person (whether living or dead) OR to cause serious damage to property or endanger the safety of any person
• with intent:
  (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 3

Statutory defence

Answer 3

S237(2) CA 61

When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about.

Up to the jury to decide if threat is reasonable and proper

Question 4

Define ‘benefit’

Answer 4

Any benefit, pecuniary advantage, privilege, property, service, or valuable consideration

Question 5

What must be proven?

Answer 5

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

• Make any accusation against any person (living or dead) or
• Disclose something about any person (living or dead) or
• Cause serious damage to property or
• Endanger the safety of any person with intent to cause the person to whom the threat is made in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person.

Question 6

Five phase investigation of blackmail

Answer 6

Initial report

Mobilisation - staff and investigation options

Consolidation - strategies and processes set up

Investigation and operational - key is preserve life

Reactive