black mail

Question 1

s21 TA 1968

Answer 1

• “…guilty of blackmail, if with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for thus purpose a demand with menaces is unwarranted…”

 Blackmail has an interesting structure which is focused on criminalising harmful conduct (the demand with menace) but also a significant ulterior element (D must intend to make a gain, or cause a loss – but this need not come about)

Question 2

ar of blackmail

Answer 2

• There are two principal elements to Blackmail AR; the making of a demand and the use of menances

Question 3

demands

Answer 3

• It must be proved that D made a demand to someone else’s property – express or implied
• Demand may imply some form of force or harsh words but polite words are more than enough
• A demand is satisfied as soon as it is made – regardless of whether V was aware of it
• If there is no demand for property – there is no blackmail

Question 4

menaces

Answer 4

• Defined as “any action detrimental to or unpleasant to the person addressed.”
• Beyond threats of violence to persons or property, a threat of unpleasant character – such as revealing compromising information can amount to a menace
• It must be “of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive as to accede unwillingly to the demand.”

Question 5

it is an objective threat with 3 possible situations

Answer 5

1) V does not accede but a reasonable person would – irrelevant as objective test
2) V accedes but a reasonable person would not – down to reasonable person (no menace here)
3) V accedes due to known vulnerabilities, but reasonable person would not – if D knows this, then a menace exists

Question 6

mens rea of s21

Answer 6

 Two core elements of MR:

1) Demands must be unwarranted
2) They must be made with the intent to make a gain or cause a loss

Question 7

uwarranted demands

Answer 7

• Only constitute if unwarranted and for this we look to the state of mind of D and the Crown must demonstrate the following:
• Lack of belief in reasonable grounds for the demand – would others agree that the demands are reasonable?
• Lack of belief in the propriety of menaces – where D believes that their demands are reasonable but lacks belief in the propriety of her menaces

Question 8

a view to gain or a loss

Answer 8

• There is no need to actually make a gain or a loss, just to make the demands with this intention
• Intent to do either one is sufficient – if D intends to make no gain but to cause a loss by demanding that V destroys a property