Blackmail

Question 1

What is it?

Answer 1

Where the D threatens the V with certain actions if the V does not do a certain something

The threat does not need be illegal nor true

Question 2

Which act is it defined in?

Answer 2

S21(1) of theft act 1968

Question 3

What is theft definition?

Answer 3

‘A personal 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’

Question 4

AR

Answer 4

1) A demand
2) Which is unwarranted
3) With menaces

Question 5

Demand

Answer 5

There must have been a demand made

Can be made in many ways

Words,conduct,writing,email etc (Express)

It doesn’t need to be made explicitly to the V (Implied)- Collister v Warhurst

The demand is sent through the post, the demand is considered made at the point the letter is posted- Treacy v DPP

Question 6

Unwarranted

Answer 6

The demand must be unwarranted
A demand is unwarranted unless the D feels like he is entitled to make the demand e.g. If someone owes him money

S21(1) explains that any demand made with menaces is unwarranted unless the two tests set out in (a) and (b) are fulfilled

(A) that he has reasonable grounds for making the demand;an
(B) that the use of menaces is a proper means of reinforcing the demand

This is a subjective test
The jury needs to be satisfied that D believes both things

Question 7

3) With menaces

Answer 7

“Menaces” has been held to mean serious threat, but it is wider than just a threat

In Thorne v Motor Trade Association- lord wright stated that menaces includes any threats of any action detrimental to or unpleasant to the person addressed. It may also include a warning that, in certain events, such action is intended.

Lawrence and Pomroy- menaces can be express or implied

Clear- it was said that it would be a demand with menaces if a normal person would be affected by the threat- it is not necessary to show that the actual V was affected. So it is what D does and knows that matters and not the effect on the V
This was shown in Harry 1974

However, where the victim is particularly vulnerable or of a timid nature the jury may find menaces existed, where the defendant was aware of the affect of his actions on the victim- Garwood 1987

Question 8

MR

Answer 8

There are two parts to MR- either one or the other must be proved
I) a view to gain
Or
II) intent to cause loss

Question 9

Gain

Answer 9

‘Gain’ as defined in S34(2) (a) (i)

I) ‘gain’ includes a gain by keeping what one has, as well as a gain by getting what one has not;

Question 10

Loss

Answer 10

‘Loss’ as defined in s34(2)(a) (ii)

II) ‘loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Question 11

Other MR stuff

Answer 11

The intended gain or loss must be of money or other property
The gain or loss can be temporary

Even where D does not succeed in making the gain or causing the loss intended, he will still be guilty of blackmail (so no gain or loss actually has to be made)

There only needs to be intent in regards to a gain or loss, not both, although often both will occur