Blackmail

Question 1

Blackmail

Answer 1

S21 Theft Act 1968

Question 2

Blackmail level of offence

Answer 2

Indictable

Question 3

Blackmail definition

Answer 3

A person is guilty of blackmail if, with a view to gain for himself or with intent to cause loss to another, he makes any unwarranted demand with menaces.

Question 4

With a view to

Answer 4

Means less than with intent to
Must prove D contemplated some gain for himself or another as realistically likely to flow from his actions. The alternative is an intent to cause loss.

Question 5

Gain or loss

Answer 5

S34 Theft Act 1968
Gain - keeping what one already has and getting what one has not
Loss - not getting what one might get and parting with what one has
Must be for money/other property
Can’t be sexual favours

Question 6

What if D doesn’t get the desired consequence

Answer 6

It does not matter as blackmail is complete when the demand with menaces is made

Question 7

When is blackmail complete if demand is made by letter?

Answer 7

When the letter is posted

It does not need to be received

Question 8

Menaces

Answer 8

Threats and conduct of such a nature and extent that a person of normal stability and courage might be influenced or made apprehensive so as to give in to the demands

Question 9

Unwarranted

Answer 9

If D claims his demand was reasonable and proper, we need to prove that he did not genuinely believe that
He had reasonable grounds for making the demand, and
The use of the particular menaces used was not a proper means of reinforcing it.