Blackmail

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  • BLACKMAIL S21 of The Theft Act 1968
    • 1 UN - WARRANTED DEMAND
      • The demand can either be made express or implied
        • Implied - the jury can see from the attitude actions and   circumstances  that the defendant is making a demand
          • Collister and Warhurst - D overheard policeofficers discussing dropping charges in return for payment
      • The demand is made when the defendant has done all he/she can to communicate the demand
        • Treacy v DPP - a letter was posted but never recieved
      • The demand must be unwarranted - it must be for something that the defendant is not legally entitled to
    • 2 MENACES
      • Menaces has always had a broad interpretation
        • Thorne v Motor Trade Association - menaces includes violence, threats of any action detrimental to or unpleasant to the person addressed or warnings of such action
      • The effect of the demand must be that the reasonable person would be influenced or fearful so that the demand was likely to be met
        • Clear 1968
        • Garwood - If the person to whom the threat is made is known by the defendant to be particularly timid, then threats which do not affect the normal person can still be taken as menaces
        • Harry - the threats were so mild as to not amount to menaces, the case involved a letter to shopkeepers on a rag week procession route that asked for contributions to avoid inconvienience
    • 3 AN INTENTION TO MAKE A DEMAND WITH MENACES
    • 4 DOING SO WITH A VIEW TO GAIN FOR HIMSELF OR ANOTHER or WITH AN INTENT TO CAUSE LOSS TO ANOTHER
      • S34 (2) Theft Act 1968
        • Gain and loss are in money or other property - things of economic value rather than a kiss
      • Bevans - Gain or loss requires something of economic value in this case it was a morphine injection

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