Blackmail

Question 1

Defined in

Answer 1

Section 21 Theft Act 1968

Question 2

Elements

Answer 2

AR
Unwarranted demand
With menaces

MR
D must intend to make the demand with menaces
Demand must be accompanied by either a view to gain or cause loss
D must either not believe that he has reasonable grounds for making the demand or not believe that the use of menaces is a proper method of enforcing it

Question 3

Unwarranted demand

Answer 3

Can be made expressly - d asking for an amount of money
Or impliedly - collister v warhurst - although no express demand was made it was clear a demand for money was being made

Unwarranted means a demand for something hat D is not legally entitled to

Question 4

Menaces

Answer 4

R v Lawrence & Pomroy it was said the word menaces is an ordinary English word which any jury can be expected to understand

Effect of demand must be the reasonable man would be influence or fearful. If d knows that v is particularly timid then threats that would not affect the reasonable man would still amount to menaces - r v garwood

Question 5

D’s view to gain or loss

Answer 5

Intended result of the blackmail must involve some money or property rather than something of no monetary value like a kiss. Morphine injection off a doctor will be sufficient- r v bevans

Question 6

Defendants belief

Answer 6

Will not be guilty if he genuinely believed there were reasonable grounds for making the demand. D demands with menaces when he believes he is not entitled to the thing demanded or when he believes the use of menaces is improper

If v borrows money from D and refuses to pay it back, d may threaten to take v to court but cannot threaten to beat him up - r v harvey