Blackmail Offence Lawyer

To determine whether a person is guilty of the offence of blackmail, it is important to consider what elements constitutes blackmail . In other words, can the Prosecution establish beyond reasonable doubt all elements of the offence?

1. You made a demand to another person  
   • The demand can be implicit or explicit 
   • A mere request has been found to be a demand (if a threat follows) 
   • The jury has the onus of proving this (the test is whether a reasonable person would believe a demand was made) by considering: 
     • The defendant’s demeanour; and 
     • A range of surrounding circumstances at the time of the demand 
2. The demand was made with an intent for personal gain or to cause loss to another person 
   • The personal gain or loss needs to either temporarily or permanently relate to money or other property (this includes demands for payment of outstanding debt), however excludes demands for custody of a child, sexual intercourse or withholding evidence)   
   • The gain or loss need not to have occurred (s 71 CA) 
3. The demand was made with menaces (significant/serious/detrimental/unpleasant threats involving intimidation – even if not clear, the surrounding conduct makes it clear threats were made) 
   • The test is whether the threats would make an ordinary person of normal stability and courage in the circumstances to be intimidated and agree to the demand 
   • The demand/threat can be implied or express  
     • To steal property 
     • To reveal information to damage a business’ share price 
     • Threats to cause physical harm to a third person in public 
     • Threats to accuse a person of a crime 
     • Threats to reveal criminal conduct to the police  
4. The demand was unwarranted/unreasonable  
   • The demand is not unwarranted merely because: 
     • The defendant’s subjective state shows they had reasonable grounds to know/suspect the demand (it is insufficient to establish the defendant lacked reasonable grounds for the demand) 
     • The menaces were a sound way to reinforce the demand. If the defendant knew/suspected the act was illegal, they do not have reasonable grounds for believing the actions were proper means of reinforcing the demand even if they believed the actions were justifiable in the circumstances 
5. You intended to make an unwarranted demand with menaces/threat 
   • The demand/threat can be implied or express 
   • The victim must act unwillingly in response to the demand/threat