Blackmail

Question 1

Which legislation defines blackmail?

Answer 1

Sections 21 Theft Act 1968

Question 2

Sections 21 Theft Act 1968

1.

Answer 2

1) A person is guilty of blackmail if, with a view to gain for himself or another or with the intent to cause loss to another, he makes any unwarranted demand with menances; and for this purpose a demand with menances is unwarranted unless the person making it does so in the belief-

A that he has reasonable grounds for making the demand

B that the use of menaces is a proper means of reinforcing the demand

Question 3

Section 21 of the Theft Act 1968

2

Answer 3

The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand

Question 4

What four elements need to be proven

Answer 4

1. A demand
2. Which is unwarranted
3. Made with menaces
4. With a view to gain or loss

Question 5

Actus reus of blackmail

Demand

Answer 5

The demand does not have to be in a specific form

It could be written or it could be through words of conduct

Question 6

The demand does not even have to made explicitly to the victim

Answer 6

Collister and Warhurst
Two police officers who suggested to the victim that he would be prosecuted for a crime unless he paid them some money

£5

Question 7

Judgement of pitcher j in collister

Answer 7

Does not have to be an express demand in words
Demeanour of the accused and circumstances of the case would cause a reasonable man to understand a demand for money
And that such demand was accompanied by menaces so that his ordinary balance of the mind was upset

Question 8

Implicit demand case examples

Answer 8

Miah (2003)

Question 9

Miah (2003)

Answer 9

Video tapes containing child pornography, which allegedly had the victims finger prints on them

The important point is that a demand is made
Is it not necessary to prove that the demand was complied with in order to prove that the offence has taken place

Question 10

Treacy v Dpp (1971)

Answer 10

Where a demand sent from England to Germany was held to originate in England and thus triable in English courts

Question 11

With menaces

Thorne v Motors Traders Association (1937)

Answer 11

The word menace is to be liberally construed and not as limited to threats of violence but as including threats of any action detrimental to or unpleasant to the person addressed. It may also include a warning that in certain events such action is interested

Question 12

Menaces should take its ordinary meaning

Answer 12

Lawerence

Question 13

Lawrence

Answer 13

Menaces should take its ordinary meaning

Question 14

Trivial threats are not sufficient

Answer 14

Harry

Question 15

Harry

Answer 15

Trivial threats are not sufficient

Question 16

Harry case

Answer 16

Local shop keepers stating they should pay or be subject to rag activities

Question 17

Clear case

Answer 17

Whether an ordinary person might be influenced or made apprehensive so to act unwillingly to the demand

Question 18

Garwood

Answer 18

1. Where a normal person would have been threatened, but the victim was not. This they said would be blackmail
2. Where the victim was threatened but the normal person would not have been.
   This they said would be blackmail as long as the defendant was aware of the likely effect of his actions upon the victim

Question 19

Mens rea of Blackmail

Answer 19

With a view to gain or a loss

Which is unwarranted

Question 20

Gain and loss is defined under which act

Answer 20

Section 34 (2)(A) Theft Act 1968

Question 21

Definition of gain and loss

Answer 21

Gain and loss are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent

i ‘gain’ includes a gain by keeping what one has, as well as a gain by getting what one has not

ii ‘loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one has

Question 22

Gain and loss case example

Answer 22

Bevans (1988)

Question 23

Bevans (1988)

Answer 23

The defendant at gun point demanded that the doctor injured him with morphine

Value- still seen as money
Monetary value

Question 24

Which is unwarranted

Answer 24

Two stage test

1. Whether or not they think the demand is unwarranted
2. If yes, whether it was made in the belief:

a. That there are reasonable grounds for making it
b. That the use of the menaces is a proper means of enforcing the demand

Question 25

If the defendant knows that he is threatening to commit a crime, he cannot also claim that the demand is reasonable

Answer 25

Harvey

Question 26

Harvey

Answer 26

Proper has a wide meaning l

Question 27

Test for the jury

Answer 27

Did the accused actually believe that he was acting in a socially acceptable way