Law - Blackmail

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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)
    • 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)
    • 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

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