Blackmail Flashcards

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1
Q

Which section of which act defines blackmail?

A

S21 of the Theft Act 1968

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2
Q

What is the maximum sentence for blackmail?

A

14 years

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3
Q

Define blackmail

A

A person will be guilty of this offence if, with a view to gain for himself or another, or with intent to cause loss to another, he makes unwarranted demands with menaces

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4
Q

What are the actus reus elements of blackmail?

A

D must make a demand

With menaces

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5
Q

What are the mens rea elements of blackmail?

A

Demand must be unwarranted

Intention to make a gain/cause a loss

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6
Q

In what different ways can D make a demand?

A

Express or implied

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7
Q

What legal principle came out of the case of Collister and Warhurst?

A

A demand need not be direct, ie it does not need to be made explicitly to V

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8
Q

What legal principle came out of the case of Treacy v DPP?

A

A demand is made when D has done all he can to communicate it

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9
Q

How does Thorne explain ‘menaces’?

A

‘Anything unpleasant or detrimental’

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10
Q

What does Clear set out?

A

The test of what constitutes a ‘menace’

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11
Q

What is the Clear test for ‘menaces’?

A

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

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12
Q

Put the clear test into your own words

A

A threat is a menace if it makes an ordinary person of normal stability/courage worried enough to reluctantly give in to a demand

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13
Q

What case would be useful to a vulnerable victim for the Clear test?

A

Garwood

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14
Q

When does Garwood say that a threat on a ‘weak’ V still constitute a menace?

A

When D is aware of V’s weakness

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15
Q

What does S21 of TA 1968 say?

A

That any demand made with menaces will be unwarranted unless a 2 part test in S21(1) is fulfilled

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16
Q

What does S21(1) say?

A

That a demand is unwarranted unless D believed

a) that he had reasonable grounds for making the demand, AND
b) the use of menaces was a proper way of backing up the demand

17
Q

What legal principle came out of the case of Harvey?

A

That menaces are not ‘proper’ if they involve something illegal (e.g. violence)

18
Q

Which section defines ‘gain’ and ‘loss’?

A

S34 of TA 1968

19
Q

Define ‘gain’

A

Keeping what one has or getting what one has not got

20
Q

Define ‘loss’

A

Parting with what one has or not getting what one might get

21
Q

What must D intend to make a gain/cause a loss of?

A

Property as per S4 of TA 1968

22
Q

Give an example of what would not count as ‘property’ for purposes of blackmail

A

Sex

23
Q

What constituted property in the case of Bevans?

A

Morphine

24
Q

Which case said that having debt repaid was a ‘gain’?

A

Parkes