Blackmail Flashcards
What is blackmail?
Theft Act 1968, s21
(1) A person is 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 this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.
(2) 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
What is the sentence for blackmail?
Triable on indictment
14 years’ imprisonment
Can the demand be made in writing?
Doesn’t matter if the demand is made orally or in writing.
Summary- what is blackmail?
An unwarranted demand with menaces- it does not matter what is demanded.
Can the demand be made orally?
Does not matter if the demand is made orally or in writing.
When is the offence of blackmail complete?
If the demand is made in writing, it is when the letter is posted.
If the demand is made orally, it is when the words are spoken.
The demand is complete when it has left the control of the person making it.
What if the letter is never received or the words cannot be heard?
The offence is still made out.
It is irrelevant if the letter is never received or the words cannot be heard or understood.
Does the demand have to be an express demand?
The demand does not have to be express eg: telling shop assistant to hand over money in till.
It can be implied by conduct eg: pointing gun at assistant and gesturing to till.
What does the phrase ‘with a view to’ mean?
Held by COA to be less than ‘with intent to’.
Court accepted that ‘with a view to’ meant simply that D had something in his contemplation as something that realistically might occur, not that he necessarily intended or even wanted it to happen
The state of mind needed to prove the first element is that the defendant contemplated some gain for him/herself or for another as being realistically likely to flow from his/her actions. The alternative is an ‘intent’ to cause loss
Is there a requirement for dishonesty or theft?
There is no requirement for dishonesty or theft and the offence is aimed at the making of the demands rather than the consequences of them
What is the meaning of gain and loss?
s34 1968
(2) For the purposes of this Act—
(a) ‘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; and—
(i) ‘gain’ includes a gain by keeping what one has, as well as a gain by getting what one has not; and
(ii) ‘loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one has; . . .
Summary- What is the meaning of gain and loss?
Keeping what you already have can amount to a ‘gain’. Similarly, not getting something that you might expect to get can be a ‘loss’
Does a blackmailer need to seek material profits?
A blackmailer need not be seeking any kind of material profit.
R v Bevans (1988)- D, who was crippled with arthritis, went to a doctor, produced a gun and demanded a pain-killing morphine injection, threatening to shoot the doctor if he did not comply; this was held to be blackmail as the drug involved was a form of property
Does a demand for sexual favours constitute an offence of blackmail?
A demand for sexual favours would not constitute an offence of blackmail as those sexual favours are not ‘money or other property’
Can you have an offence of attempted blackmail?
Impossible- as D will either be preparing to make the demand or will have made it