Asking for money = blackmail??

loremolis

What is the definition of blackmail?

Is it blackmail if someone appeals a planning application to An Bord Pleanala and then asks the applicant for money in return for withdrawing the appeal?

Bullseye1

I would say that is extortion. It has been known to happen.

Avns1s

It is extortion. I would record them asking for the money and send a copy to Bord Pleanala and the Gardai.

loremolis

Bullseye1 wrote: »

I would say that is extortion. It has been known to happen.

Is extortion the same a blackmail in legal terms or are they different levels of crime?

quietriot

Blackmail and extortion are synonyms.

Bullseye1

Blackmail is more sinister. The blackmailer uses something from someone's past or other information to extract money with the treat of revealing someones secret. Generally it does not stop after one payment and may continue over years.

loremolis

Bullseye1 wrote: »

Blackmail is more sinister. The blackmailer uses something from someone's past or other information to extract money with the treat of revealing someones secret. Generally it does not stop after one payment and may continue over years.

Thanks.

Any idea what specific legislation covers blackmail and/or extortion?

Bullseye1

From Citizens information website:
Blackmail, extortion and demanding money with menaces
Section 17 of the Criminal Justice (Public Order) Act 1994 creates a new version of the blackmail and extortion offences which were previously contained in the Larceny Act, 1916 which have now been repealed. If a person makes an unwarranted demand with menaces for the purpose of making a gain for themselves or another or with the intention to cause a loss to another they will be guilty of this offence. The exception to this offence is that if the person making the demand with menaces believes that:-
He has reasonable grounds for making the demand, and
The use of menaces is a proper means of reinforcing the demand.
While there is no definition in the Act of “menaces” the meaning of the word was defined in case-law under the Old Larceny Act, 1916. In a case called Thorne–v-Motor Trade Association (1937) the court stated that:-
“the word menace is to be liberally construed, and not as limited to threats of violence but as to include threats of any action detrimental to or unpleasant to the person addressed”.
Therefore the definition of menace would include threats to post on the internet details of a persons sexual life or threats to publish explicit photographs of a person. Neither of these actions could be said to be a proper way of enforcing what would otherwise be a legitimate demand for the payment of a debt. If a person is convicted of this offence the maximum punishment is an unlimited fine and or a term of imprisonment of up to 14 years.

BrianD

loremolis wrote: »

What is the definition of blackmail?

Is it blackmail if someone appeals a planning application to An Bord Pleanala and then asks the applicant for money in return for withdrawing the appeal?

Ignore them. If it's going to ABP then their objection have been rejected once already. Sounds like they don't have grounds for appeal and are likely to be rejected again.

If you have a sound and valid planning application then there's no grounds for appealing.

loremolis

BrianD wrote: »

Ignore them. If it's going to ABP then their objection have been rejected once already. Sounds like they don't have grounds for appeal and are likely to be rejected again.

If you have a sound and valid planning application then there's no grounds for appealing.

Surely the grounds for appeal are irrelevant when an appellant looks for money to withdraw their appeal.

For example, if an appellant makes an appeal based on visual impact and traffic impact which would be caused by a proposed development, how does the payment of money to withdraw the appeal resolve these issues for the appellant?

If the appellants concerns relate to the proper planning and sustainable development of an area and their appeal is based on such planning matters then can they ask for money which will make their concerns magically go away? I can't see how they can without it being blackmail.

Reloc8

The courts have recognised that offer and acceptance of a payment to drop a planning objection is a perfectly valid settlement of a chose in action.

In other words, no, its not a criminal offence to indicate to the applicant the terms on which one would be happy to abandon an objection.

I will dig out a case on it if I get a chance later.

loremolis

Reloc8 wrote: »

The courts have recognised that offer and acceptance of a payment to drop a planning objection is a perfectly valid settlement of a chose in action.

In other words, no, its not a criminal offence to indicate to the applicant the terms on which one would be happy to abandon an objection.

I will dig out a case on it if I get a chance later.

Wow! Thanks.

I would be really interested in that Judgement if you can find it.