AQA A2 Law Unit 4 - Blackmail

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  • Created by: Amy
  • Created on: 29-04-14 19:49

Blackmail - Actus Reus

Actus reus

  • Unwarrented 
  • Demand 
  • With Menaces

Can create a demand if they believe they; Have reasonable grounds to make the demand, and they have the proper means of reinforcing the demand

The Unwarrented demand can be made either, Express or Implied

  • Collister and Warhurst - Implied and Express demand 
  •  Treacy v DPP - Communication has been made to make the demand 

Menaces are not limited to threats of violence, just any action that it unpleasent;

  • Garwood - Demand amounted to threat due to timidness (Known to D) would not under RM
  • Harry - Threats too mild to account for menace (Inconvenience)
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Blackmail - Mens Rea

Mens Rea

  • Intention to make a demand with menace
  • Doing so with a view to gain either for himself or another , with intent
  • Direct/Oblique intent or recklessness

If the defendant had the reasonable grounds for making the demand, and that the use of menance is a proper means of reinforcing the demand = no Blackmail

  • Bevans - Gain or loss is requires something of economic value 
  • Harvey - Defendants threat of serious violence not a proper means of reinforceing the demand 
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