BlackMail Blackmail overview 3.5 / 5 based on 4 ratings ? LawLaw of TortA2/A-levelAll boards Created by: MeganCreated on: 23-06-11 08:34 Actus Reus D makes a demand which is unwarranted with menaces S21 Theft Act 1968 1 of 6 A demand There must be a demand which had the purpose of making/stopping the victim doing something R v Collister and Warhurst: the demand doesnt have to be made directly to the victim. It can be made directly or indirectly with conduct or gestures Treacy: The demand is made at the moment the threat/demand has been sent; it doesnt need to be recieved by the victim 2 of 6 Unwarranted It will be unwarranted UNLESS: The defendant himself believes- -He had reasonable grounds to make the demand AND - the use of menaces was a proper means of reinforcing the demand IT IS NEVER PROPER TO THREATEN VIOLENCE 3 of 6 Menaces Harry- The threat must be 'serious enough' to count as menaces Thorne- Must be detrimental or unpleasant Clear- elaborated THORNE saying it must be such a threat that the ordinary person of normal courage and stability would have given in Garwood- If the victim was eapecially timid this would only be accounted for if the defendant was aware 4 of 6 Mens Rea With view to make gain for himself or another and/or intent to cause loss to another 5 of 6 Intent Bevans- force doctor to give him morphine at gun point- gaining something he didnt have before Parkes- took money owed to him via a debt- was said to be gaining from this as he had hard cash instead of the asset of debt which is preferable 6 of 6
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