Blackmail

Question 0

Demand is made

Answer 0

Collister and warhurst can be implied or via words

Treacy v Dpp the demand is made when the d has done everything in their power to make it

Question 1

Where is blackmail found?

Answer 1

S21 of the theft act 1968

Demand is made with menaces that is unwarranted with intention to make a gain or cause a loss to them self or another

Question 2

Unwarranted

Answer 2

S21(1) states that all demands will be unwarranted unless they fulfil the two part test
Did the d believe the demand was reasonable?
Did the d believe the menaces were a proper legal means of enforcing the demand?
Harvey must be legal

Question 3

With menaces

Answer 3

Thorne states anything determential or unpleasant
Clear test: threat is such a nature and extent that the ordinary person of normal stability and courage would be influenced to unwillingly carry out the demand
Lambert doesn’t have to carry out the menace
Harry has to be menaces
Garwood the vulnerability can be taken into account

Question 4

Intention to make a gain or cause a loss

Answer 4

Must be of property as in s4(1)
Can be pain relief as in bevans
Can be owed the the d as in parkes