Blackmail

Question 1

Section 21(1) Theft Act 1968

Answer 1

Demand
Menaces
Unwarranted

Intention to make a demand with menaces
With a view to make a gain for himself or another or cause loss to another

Question 2

Collister v Warhurst, Tracey v DPP

Answer 2

Demand can either be expressed or implied

Question 3

Clear

Answer 3

A demand is with menaces if an ordinary/reasonable person of normal stability and courage would be influenced by the threat to give into the demand with menaces

Question 4

Garwood

Answer 4

If the threat wouldn’t intimidate the ordinary and reasonable person then all that’s required is that D knows V would be intimidated

Question 5

Unwarranted S21(1)

Answer 5

1) A demand is unwarranted unless D believes he had reasonable grounds for making the demand APPLY
2) The use of menaces is a proper means for reinforcing the demand
3) Harvey-D must believe it would be viewed as morally and socially acceptable according to the general standards of society APPLY

Question 6

First MR element

Answer 6

Intention to make a demand with menaces

Question 7

Second MR element

Answer 7

With a view to make a gain for himself or another or inten to cause loss to another (no gain/loss actually required)

Question 8

S34(2)

Bevans

Answer 8

Gain or loss has to involve property

Loss or gain must be of economic value