The offence of blackmail under s 249K of the Crimes Act 1900 (NSW) requires proof that the accused intended to make an express or implied threat, not merely that the words or conduct objectively constituted a threat. This is a majority holding (2-1) with Cavanagh J dissenting, so the question may not be finally settled. A complainant's opinion as to the accused's state of mind or intention is not admissible as lay opinion evidence under s 78 of the Evidence Act 1995 (NSW), as such evidence is an inference drawn from circumstances rather than something 'saw, heard or otherwise perceived', and is not 'necessary' to obtain an adequate account of the complainant's perception.
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