Reserved decision — blackmail — attempt — Crimes Act 1961, ss 72 & 237 — Criminal Procedure Act 2011, s 147 — Evidence Act 2006, s 9 — R v Wyatt [1921] 16 CR APP R 57 — Mitchell v R [2016] NZCA 299 — Parris v Attorney General [2004] 1 NZLR 519. The defendant faced a charge of attempted blackmail. While serving a prison sentence for murder, the defendant had sent the victim a letter demanding $3000. The letter contained threats that if the payment was not made, the defendant would tell others that the victim was a police informant. The letter was never delivered because it was intercepted by prison authorities; also, the victim had in fact died shortly before the defendant sent the letter. The defendant made an application for the charge to be dismissed under s 147 of the Criminal Procedure Act, arguing that the facts were too remote to constitute an attempt, that the defendant had tried to withdraw the letter, and that the letter was not a threat to the victim. The Court viewed the letter, and also a transcript of a telephone call between the defendant and his partner in which they discussed the blackmail attempt and the victim's death. The defendant submitted that the letter had been his attempt to reach an "agreement" with the victim, rather than trying to threaten him. He also said that he had tried unsuccessfully to get the letter back after the phone call with his partner. The Court rejected these submissions, considering that the letter was clearly aggressive and threatening and that the defendant had reacted callously on learning of the victim's death. There was ample evidence on which a properly-directed jury could have convicted the defendant, and the Court declined the application for the charge to be dismissed. All of the elements of the offence had been made out (the defendant intended to blackmail the victim and had made actions to give effect his intention). The defendant was found guilty and convicted. Judgment Date: 5 April 2022