NSW Police - The Legal Meaning of "Blackmail"?

[Framie.]

Hi,

I was asked in 2016, to come & live with an elderly lady (I'll call her Ruth - not her real name). Whilst there, I started to help out that lady's daughter & her husband out on the farm (Maree & John - not their real names.)

I had recently lost my wife of 33 years & Maree was helping me get over my grief by offering councilling by way of talking about my problems. (John was also helping when he could.)

In May this year, (2018) Maree's daughter, Louis, (not her real name) who is a Paramedic, told me how the "druggos" use Norspan patches to get their "high." She also explained how it is done & if you use more than a certain amount of patches, (The plastic satchel that contains the drug is wedged between the teeth & gums). You will overdose & it will quickly kill you unless the Paramedics get there early enough & revive you. You will however have severe brain damage.

Because this Paramedic knew that I had talked about suicide after the loss of my wife, she added that I should not try this!

Fast forward 2 months.

This Paramedic went to her mother Maree & said: "If Gary comes out to this place again, myself & my husband will not come out to visit you or dad again. You will not be able to see your grandkids either."

The lady that I was living with, Ruth, also got the same treatment. She was told that if Gary is allowed to live here, you will not see us (grandkids) or your great grandkids again.

Ruth was in tears when she told me that I'd have to leave.

This was the straw that broke the camels back for me - I tried to end it all on the 27/7/18 (Hose in the exhaust pipe - I was due to get my next Norspan patches the next day but I snapped early.) but the Parkes Police got to me too early & removed the hose from my car before the job was done.

I'm now living in a tent in a caravan park.

My question is: Maree & Ruth are very upset by the turn of events but don't believe that they are being "Blackmailed" by Louis in saying that Gary has to get out or she'll stop all visitation by her & the kids.

Is this blackmail?

Thanks,

 

[Rod]

Maybe, but unlikely.

What is the gain to Louis(e)? With no gain there is no blackmail.

You may be able to claim a loss for moving from free accomodation to paying for rent in a caravan park.

However there is a likely defence in that the demand may be reasonable. Your action in attempting suicide may be enough to show she was right in her 'request'.

Your best course of action is to treat your underlying condition and get better.

 

[Rob Legat - SBPL]

What you're describing is blackmail in the common sense (If you do X, I'll do Y), or probably more accurately 'coercion' (which is more "if you do X, I'll take away y").

To make it criminal, which is extortion (at least here in Queensland), it needs specific elements:

- A demand to do/not do something;
- Intent to gain a benefit for anyone, or cause a detriment to any person other than the one making the demand;
- With a threat to cause detriment to any person other than the demander; and
- Done with reasonable cause.

You'll probably find something similar in NSW. All elements must be there, and proven. As with what Rod has said, I think you'd have problems with the 'reasonable cause' portion (at least in their minds).

 

[Framie.]

Thanks for your replies guys - I do appreciate it.

In response to Rod - the reason I tried to commit suicide was directly related to being suddenly made homeless & the trouble that Louis caused on the side.

Because her parents are Maree & John, she told them to stop helping me get over my grief. (I was working on their farm to keep my mind occupied). Louis has John under her thumb & Maree has had a lot of problems with Louis.

If Maree & John split up, (They've had severe marriage problems for over 10 years) then the property would be sold & Louis would loose her use of the property for her horses etc. (even though she has her own farm). Louis told her family, John & Maree a whole lot of lies as to why I should be kicked off their property & kicked out of Ruth's house - effectively making me homeless for the first time in 59 years.

These lies have since been proven to be lies & Maree has thanked me for standing up to Louis for the first time in her life. All I wanted was somewhere safe to live until I recovered from my wife's death. (My story over the last 2 years reads like a real life horror story & I'd had enough - google: Sharon Frame Daily Liberal.) That's only a very small amount of bad luck that has hit me.)

I did not expect a NSW Paramedic to fully describe how to commit suicide by using Norspan Patches & then provoke me until I finally snapped.

Thanks everyone.

PS: Yes, I have been examined by the experts & found not to be a Psycho or depressed. I'm suffering from unresolved grief. (My wife of 33 years was killed because of a hospital mistake.)