Unit 4- Blackmail Flashcards
Section for blackmail
21 theft act 1968
Actus reus for blackmail
Unwarranted demand with menaces
three forms a demand can take
words
conduct
email
does the demand have to be aimed at the victim directly
no, collister and warhurst
does the demand need to be receieved by the victim
no, making the demand is sufficient (treacy v dpp)
Test for unwarranted demand
the defendant did not hav reasonable grounds for making the demands. the use of menaces was a proper means of reinforcing the demand
can d still be guilty even if he had a genuine claim
yes as long as he knows the use of menaces was not proper (harvey)
what does menaces mean
a serious threat, but it is actually more than that, it is an ordinary word easy for the dury to understand
case for menaces
lawrence v pomroy
where does the definiton of menaces come from and what does it say
clear - must be of such a nature and extent that the mind of a normal person might be influenced or made apprehensive by it so as to unwillingly accede to it
what subjective factors could be taken into account for the test for menaces
garwood, victim was timid and so threats seemed more menacing
does victim have to give in to menaces
no, they do not have to meet the demands for the defendant to be guilty
mens rea for blackmail
menacesa are made witha view to gain or intent to cause a loss
what counts as a gain
money or other property - includes keeping what they already have or getting what they do not have
what counts as as loss
moeny or other property, includes not getting what they do not have and parting with what they do have
