Robbery and Blackmail

Question 1

s8 Theft Act 1968 - Robbery
steals and immediately before or at time of doing so and in order to do so uses force or puts/seeks to put person in fear of being there and then subjected to force.
Indict - Life

Still robbery if use force to get away with property.
Force but used with intent to steal
A voluntary nudge is still force

Wrenching basket out of IP’s hand = robbery
Snatching cigarette out of hand isn’t

Fear of force must be against that person not a third person who is unaware. (This may be blackmail).

If the third person is now in fear of immediate unlawful violence would = robbery

NOT robbery if threats to use force are at some other place = Blackmail.

Answer 1

s21 Theft Act - Blackmail

with a view(

Question 2

Blackmail complete at point of demand with menaces.

Offences complete when letter posted even if not received.

Words/conduct of the menaces MUST be to put someone in fear of it being carried out. A timid victim can be considered more vulnerable.

menaces not necessarily violence

Answer 2

If IP not in fear but the threat would be likely to cause fear to ordinary person = blackmail.

Defendants belief that demand was proper and justified his belief is subjective therefore can be unreasonable!