Blackmail

Question 1

Definition of Blackmail theft act 1968 Section 21

Answer 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 un warranted demand with menaces and for this purpose a demand with menace is unwarranted

Question 2

Trail for blackmail and maximum sentence

Answer 2

Triable on indictment and 14 years imprisonment

Question 3

Defences for blackmail

Answer 3

He has reasonable grounds for making the demands
The use of menace is a proper means of reinforcing the demand

Question 4

Meaning of gain

Answer 4

Gain includes a gain by keeping what one has as well as a gain by getting what one has not

Question 5

Meaning of loss

Answer 5

Includes a loss by not getting what one might get as well as a loss by parting with what one has

Question 6

What items constitute a gain or loss

Answer 6

This is a loss in money or other property. Note this does not include sexual favours as those are not money or property

Question 7

Criminal conduct

Answer 7

The offence of blackmail is complete when the demand is made. It is not possible to have a offence of attempt blackmail.
If a demand is made by letter the act will of making it is complete when the letter is posted even if the person did not receive the letter