Chapter 17- Blackmail

Question 1

what is blackmail and which section does it fall under in the Theft act

Answer 1

Section 21
A person is guilty of blackmail if they have a view of gaining for themselves and a loss for another by making an unwarranted demand with menaces

Question 2

the demand is considered unwarranted unless they are in the belief that:

Answer 2

-He has reasonable grounds for making the demand
-the use of the menaces properly reinforces the demand
-the nature of the act/omission demanded is unimportant

Question 3

What are the 4 points to prove in blackmail

Answer 3

-demand
-that include menaces
-is unwarranted
-with intention to gain and the other to lose

Question 4

What is the actus reas for blackmail

Answer 4

Demand-It can take any form such writing, email, phone calls e.t.c

Question 5

Describe the case of Treacy v DPP

Answer 5

The defendant posted a letter to someone to Germany from England and there was a demand present in the letter.Even if it hadn’t arrived the defendant was guilty

Question 6

Give two beliefs of the defendant for a demand to be not unwarranted

Answer 6

-They believe they have reasonable grounds to demand
-They believe that menaces are necessary to reinforce the demand

Question 7

Describe the case of R v Harvey

Answer 7

In this case the defendant had given some money and demanded it back once they found it out it was illegal, they decided to take the family of the victim and threatened to kill them if he does not pay

Question 8

what does menaces refer to in blackmail

Answer 8

‘a very serious threat’

Question 9

Describe the case of R v Lawrence and Pomroy

Answer 9

The defendants finished building a house and the victim refused to pay as it was poorly done. They threatened him with a knife to pay

Question 10

what are the 3 elements of mens rea in blackmail

Answer 10

1-intent to make an unwarranted demand with the use of menaces
2-Intention to make a gain for themselves while causing a loss to another
3-Not believing they have reasonable ground or not believing that menaces are necessary

Question 11

what does the act define ‘Gain’ and ‘loss’ as

Answer 11

-gain- keeping and getting what one didn’t have
Loss- partying with what one has
-These two can be temporary or permanent

Question 12

Describe the case of R v Bevans

Answer 12

-Th defendant was suffering from severe osteoarthritis and demanded for morphine by pointing a gun. This was a loss for the hospital and a gain for the defendant to relieve his pain

Question 13

maximum sentencing for blackmail goes

Answer 13

14 years imprisonment