Extortion, blackmail Flashcards
Extortion, blackmail
Uttering threats is a separate crime from assault / extortion; Lawful demands for repayment of money do not amount to extortion/ uttering threats
James Miller 1862
It was held that the method of threats for extortion purposes whether be verbal or written, did not really matter. This is in contrast what Hume recently written about. It was held that it was fact that accused actions had on the accused was what was really matter.
HMA v Donoghue 1971
It was held that for extortion of threatning sb for money exchange for not doing sth, like burning down the house or telling sb about s/he done etc. (actual threat) Where this threat can be expressly stated or implied by the extorter
Marion Macdonald 1879
- Wrote letters to man demanding money from him
- Unless she was given money, she would expose him immoral conduct to the world
- HELD: extortion - even though the threat was to expose the truth, the threat still amounted to extortion
Principle: you can still commit extortion by threatening to expose the church. It was held that the extortion requires both a threat and demand
Hogg v HMA 1954
person wrote to women and her male friend- he would tell all and discover her divorce- on exertion
Black v Carmichael 1992
Case involving car clamping where the accused said that if victim did not pay fee, then he was going to car clamping. this essentially is held to be extortion by the court. threatening demand- property- the car was withheld until a certain amount was paid= threat and extortion-no authority to make that demand
Rae v Donnelly 1982
do not do these things- tell about your sexual improprieties- not always money- can be other reasons for doing it- the threat is accompanied by a demand that is extortion-. It was held that extortion demand does not need to be for money, it can be for anything else which puts the extorter at an advantage.
