Blackmail Flashcards
under what section of what act is the offence of blackmail
s.21 theft act 1968
when is a person guilty of blackmail
if, with a view to gain for himself or another with intent to cause loss to another, he makes any unwarranted demand with menaces
actus reus
the making of an unwarranted demand with menaces
which case states that a demand can be implied
COLLISTER AND WARHURST
when is a demand through the post considered made
at the point the letter is posted
case relating to demands through post
TREACY V DPP
what is any demand made with menaces
unwarranted
what exceptions are there to any demand made with menaces being unwarranted
d genuinely believed:
- he had reasonable grounds for making the demand
- the use of menaces was a proper way of reinforcing the demand
what case illustrates that the jury must be satisfied that d himself believed the exceptions to unwarranted demand
HARVEY, ULYETT AND PLUMMER
what must the unwarranted demand be made with
menaces
what does ‘menaces’ cover
threats of violence to persons, threats to damage property and to make damaging allegations against v whether truthful or not
CLEAR
there will be a demand with menaces if a normal person would be affected by the threat. it is not necessary to show that the actual victim was affected
what will the law not treat as a menace
words or conduct which would not intimidate/ influence anyone to respond to the demand- HARRY
where can there still be menaces where a threat made wouldn’t affect a normal person
if d is aware of the likely effect on the vulnerable victim GARWOOD
can v not giving into menaces prevent d from being guilty
no- its what v does and knows that matters, not effect on v
