Blackmail

Question 1

R v Collister & Warhurst

Answer 1

Demand may be express or implied - clear expectation to be paid off to prevent arrest

Question 2

R v Miah

Answer 2

The humblest form of request may be a demand

Question 3

R v Lawrences & Pomeroy

Answer 3

‘Menaces’ is an ordinary word which requires no elaboration

Question 4

Thorne v Motor Trade Association

Answer 4

‘Menace’ is to be construed liberally - a threat of any action detrimental to unpleasant to the person addressed

Question 5

R v Clear

Answer 5

Words or conduct which would not intimidate anyone to response to the demand would not be menaces - objective standard

Question 6

R v Harry

Answer 6

Menace must be of nature and extent that would influence the mind of the mind of an ordinary person of normal stability and make them apprehensive so as to accede unwillingly

Question 7

R v Garwood

Answer 7

If the defendant is exploiting a known vulnerability of the defendant this may be taken into account - timidity became apparent during course of interaction

Question 8

R v Lambert

Answer 8

Irrelevant if threat cannot be carried out - complete at the time of making the threat

Question 9

R v Harvey, Ulyett & Plummer

Answer 9

The defendant knowing he is threatening to commit a crime is strong evidence that he believes such a threat to be unwarranted - defendant felt he had been tricked and had reasonable grounds for making demand and that threatening was the way to go about it

Question 10

R v Bevan

Answer 10

Morphine was property which fell within ambit of ‘gain’