Blackmail

Contained in S21 Theft Act 1968. An indictable offence with a maximum sentence of 14 years.

Actus reus: Making an unwarranted demand with menaces

A demand can be express or implied and can be made in any form (R v Collister & Warhurst).

The demand is held to be made when D has done all he can to communicate it ~ they do not have to gain anything and the victim does not have to receive the demand (Treacy v DPP).

S21(1) has the test for 'unwarranted': Did D have reasonable grounds for making the demand? Was the use of menaces a proper means of reinforcing the demand? (R v Harvey).

The demand must be made with menaces ~ any action detrimental or unpleasant to the person addressed (Thorne v Motor Trade Association).

The menaces must be sufficient to influence an ordinary person to submit to the demand (R v Clear). If the person is particulary vulnerable or timid this will be taken into account (R v Garwood).

Mens rea: With a view to gain or with intent to cause a loss

S34(2) defines gain and loss: "'Gain' includes keeping what one has, as well as getting what one has not, 'loss' includes not getting what one might get, as well as parting with what one has".

The gain or loss must be of money or other property so must be something of economic value (R v Bevens).

Even where D does not succeed in making the gain or causing the loss, he is still guilty.