Blackmail

Question 1

R v Hadjou

Answer 1

Described Blackmail as “the murder of the soul”

Question 2

S21 Theft Act 1968

Answer 2

A person will be guilty of Blackmail if:

“With a view to gain for himself or another, or with intent to cause a loss to another. he makes unwarranted demands with menaces.”

Question 3

Actus Reus - D must make a demand

Answer 3

It’s purpose must be to make V do something or stop doing something.

Question 4

D’s demand can be expressed or implied.

Answer 4

By words, writing or gestures.

Question 5

Collister and Warhurst

Answer 5

A demand need not be direct, i.e it does not need to be made explicitly to V.

Question 6

Treacy v DPP

Answer 6

A demand is made when D has done all he can to communicate it. V does not need to receive the demand.

Question 7

R v Lambert

Answer 7

Does not matter if menaces are carried out.

Question 8

Actus Reus - With menaces…

Answer 8

Lawrence and Pomroy:

Word menace was an ordinary English word which the jury could be expected to understand without further guidance.

Question 9

Thorne v Motor Trade association

Answer 9

Menace includes threats of ‘anything unpleasant or detrimental to V’ (not limited to violence)

Question 10

R v Clear

Answer 10

Test of what constitutes menace.

It must be a threat of ‘such nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand’

Victim does not need to be made apprehensive by threat.

Question 11

R v Garwood

Answer 11

V’s fears and weaknesses can be considered if D has knowledge of them.

Question 12

R v Harry

Answer 12

D’s threat too mild to amount to menaces.

Question 13

Mens rea - Demand must be unwarranted

Answer 13

i.e unreasonable, unjustified. Goes against principle of being innocent until proven guilty.

Question 14

S21

Answer 14

Any demand with menaces will be unwarranted unless a 2 part test in S21 (1) is fulfilled - A demand is unwarranted unless D believed:

a) He had reasonable grounds for making the demand
b) uses menaces was proper way of backing up the demand.

Question 15

R v Harvey

Answer 15

D is unlikely to believe the use of menaces was proper if it involves doing something illegal, especially violence.

Question 16

Mens rea - With a view (intent) to make a gain OR intent to cause a loss

Answer 16

S34 Theft Act 1968 explains what is meant by the term ‘gain’ and ‘loss’

Gain - Keeping what one has
Getting what one has not

Loss - Parting with what one already has
Not getting what one might otherwise get.

Question 17

What intends to gain/cause a loss must be…

Answer 17

Property (same meaning as S4 Theft)

Services like sex will not count as property.

D ONLY needs intention to make gain.

Question 18

R v Bevans

Answer 18

D intending to cause loss of property (morphine) to the doctor.

Question 19

R v Parkes

Answer 19

If D demands property which is owed to him, this can still count as intending to gain.

Debt repaid fulfills meaning of gain: Getting something you currently don’t have.