Blackmail

Question 1

What statute is blackmail defined in?

Answer 1

S21 Theft Act 1968

Question 2

What is the AR of Blackmail

Answer 2

Unwarranted demand with menace

Question 3

What amounts to Unwarranted demand

Case

Answer 3

Demand can be words, conduct, in writing or by email
or any other method
Collister and Warhust = Demand does not need to be direct to the victim, can be earshot
Treacy v DPP = If demand is made by post- demand is made as soon as the letter is posted

Question 4

What Amounts to Menaces?

Answer 4

Menaces has a broad interpretation. In Throne v Motor Trade Association 1937: ‘ in not limited to threats of violence but as including threats of any actions determined or unpleasant to the person addressed’

Question 5

Case for Menaces

Answer 5

Garwood = if V is particularly timid or shy and the D was aware of the likely impact the V
—–> Harry = Some situations may not amount to menaces (rag activities)

Question 6

What is Unwarranted?

Answer 6

A demand will not be Unwarranted if the D believes:
S21 (a) He had reasonable grounds for making the demand
(b) That the use of the menace is a proper means of enforcing that demand

Question 7

Who decides whether D has the belief for the demand?

Answer 7

Jury

Question 8

Case for Unwarranted?

Answer 8

Harvey= D argued he had reasonable grounds for the demand and use of menaces.
Court Held- D didn’t as menace wasn’t used as a proper means of enforcing the demand