Blackmail (Section 237 Crimes Act 1961)
Charge 1: Blackmail under section 237 of the Crimes Act 1961
The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.
| 1. |
Are you sure that Ms Smith threatened to lay a complaint of sexual abuse with the police against Mr Jones [or to cause serious damage to property] [or to endanger the safety of any person] unless he paid her the sum of $10,000? |
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The word “threatened” means “make clear an intention to”. The threat does not need to be direct and obvious. It may be subtle and indirect. If no, find Ms Smith not guilty. If yes, go to question two. |
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| 2. |
Are you sure that Ms Smith’s threat was intended to overbear the will of Mr Jones and make him pay the sum of $10,000? |
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If no, find Ms Smith not guilty. If yes, go to question three. |
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3. |
Are you sure that Ms Smith made the threat with the intention of obtaining the sum of $10,000? |
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If no, find Ms Smith not guilty. If yes, go to question four. |
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| 4. |
Are you sure that, in the circumstances, the threat was not a reasonable and proper means of Ms Smith obtaining the sum of $10,000 from Mr Jones? |
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If no, find Ms Smith not guilty. If yes, find Ms Smith guilty. |