Law - Blackmail
- Created by: mariehemmo
- Created on: 30-04-16 15:20
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- Blackmail (Theft Act 1968 S 21)
- AR: Demand with menaces
- 1. Demand - any form (express/ implied/ oral/ in writing/ by conduct
- Demand complete at moment made by D therefore V need not be aware of demnd e.g. deaf
- Collister v Warhurst
- Treacy v DPP: Demand by post
- 2. Menaces: Includes threats of violence or threates of anything detrimental or unpleasent
- Menace requires a threat which might influence a reasonable person or which might make a reasonable person apprehensive ( R v Clear )
- The timorous victim: May be menaces if D aware of likely effect on V: R v Garwood
- No requirement that D in fact able to carry out threat (R v Lambert)
- 1. Demand - any form (express/ implied/ oral/ in writing/ by conduct
- MR: Demand is unwarranted with a view to gain/ intent to cause loss
- 1. Unwarranted demand: Demand is unwarranted unless D believes -
- There are reasonable grounds for making the demand
- The use of menaces is a proper way of reinforcing the demand
- R v Harvey
- 2.with view to gain/ intent to cause loss
- Intended gain/loss may be permanent or temporary
- To gain: money or other propetyTo cause loss: of money or other property(R v Bevans)
- 1. Unwarranted demand: Demand is unwarranted unless D believes -
- Demanding repayment of a legally enforceable debt
- Where D demnds repayment of a debt owed by V with menances (R v Lawrence & Pomroy =blackmail)
- R v Parkes - realisation of a debt = gain
- BUT where D demands repayment of debt with threat of legal proceedings = no blackmail
- AR: Demand with menaces
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