blackmail - property offences Flashcards
S21 TA 1968
“…guilty of blackmail, if with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for thus purpose a demand with menaces is unwarranted…”
Blackmail has an interesting structure which is focused on criminalising harmful conduct (the demand with menace) but also a significant ulterior element (D must intend to make a gain, or cause a loss – but this need not come about)
AR of blackmail
There are two principal elements to Blackmail AR; the making of a demand and the use of menances
demands
It must be proved that D made a demand to someone else’s property – express or implied
Demand may imply some form of force or harsh words but polite words are more than enough
A demand is satisfied as soon as it is made – regardless of whether V was aware of it
If there is no demand for property – there is no blackmail
menaces
Defined as “any action detrimental to or unpleasant to the person addressed.”
Beyond threats of violence to persons or property, a threat of unpleasant character – such as revealing compromising information can amount to a menace
It must be “of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive as to accede unwillingly to the demand.”
three situations possible in menaces
1) V does not accede but a reasonable person would – irrelevant as objective test
2) V accedes but a reasonable person would not – down to reasonable person (no menace here)
3) V accedes due to known vulnerabilities, but reasonable person would not – if D knows this, then a menace exists
mens rea of S21
1) Demands must be unwarranted
2) They must be made with the intent to make a gain or cause a loss
unwarranted demands
• Only constitute if unwarranted and for this we look to the state of mind of D and the Crown must demonstrate the following:
1) Lack of belief in reasonable grounds for the demand – would others agree that the demands are reasonable?
2) Lack of belief in the propriety of menaces – where D believes that their demands are reasonable but lacks belief in the propriety of her menaces
a view to a gain or loss
There is no need to actually make a gain or a loss, just to make the demands with this intention
Intent to do either one is sufficient – if D intends to make no gain but to cause a loss by demanding that V destroys a property