Blackmail & Demands

Question 1

Blackmail Act, section, elements

Answer 1

Blackmail Section 237 CA 1961

• 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 to:
  (a) 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

Define threatens

Answer 2

to state one’s intention to take hostile action against another

Question 3

Define Accusation

Answer 3

An allegation that a person is guilty of criminal offending.

Question 4

Define Disclosure

Answer 4

The revelation of information which would cause serious embarrassment or emotional distress.

Question 5

Define Property

Answer 5

S2 CA61 Any real and personal property or any estate or interest in real and personal property.

Question 6

Define Obtains

Answer 6

To retain for himself or any other person

Question 7

Define Benefit

Answer 7

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

Question 8

Define Pecuniary Advantage

Answer 8

Financial gain, enhancement of a person’s financial position.

Question 9

Define Privilege

Answer 9

A special right or advantage, need not be a financial one.

Question 10

Define Valuable consideration

Answer 10

Money or money’s worth

Question 11

Statutory defense to Blackmail?

Answer 11

Section 237(2) CA1971 - The person making the threat must believe they were entitled to obtain the benefit or cause the loss and;

believe it was a proper and reasonable means of effecting their purpose.

Question 12

What are the five phases of a Blackmail investigation?

Answer 12

• Initial report phase
• Mobilisation phase
• Consolidation phase
• Investigation and operation phase - (negotiation, payment, pseudo payment, intervention / arrest)
• Reactive phase

Question 13

Demanding with intent to Steal, etc (1) - Act, Section, Elements

Answer 13

Demanding with intent to Steal, etc - Section 239(1) CA1961

• Without claim of right
• By force OR with any threat
• Compels
• Any person
• To execute OR make OR accept OR endorse OR alter OR destroy any document capable of conferring a pecuniary advantage
• With intent to
• Obtain any benefit

Question 14

Demanding with intent to Steal, etc (2), (Menaces) - Act, Section, Elements

Answer 14

• With Menaces or by any threat
• Demands any property
• From any person
• With intent to steal it