Blackmail

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Blackmail

Blackmail is set out in S21 of the Theft Act 1968

'A person is guilty of blackmail, if with a view to gain for himself or another and with the intent to cause a loss,  they make an unwarranted demand with menaces'.

Actus Reus:

Demand, which is unwarranted, and made with menaces

1. There must be a demand, the demand can take any form (Words, Email, Text). The demand does not even have to be made to the victim (discuission is enough) seen in the case of (Collister & Warhurst). A demand does not even have to be recieved by the vitcim, when a demand is made in the post, the demand is made the time it is posted (Treacy V DPP)

2. A demand is unwarranted unless the person making it does so in the belief that:

* They have reasonable grounds for making the demand

* The use of menaces ia a proper means of reinforcing the demand

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Blackmail

Clear = a demand will be made with menaces if an ordinary person would be influened or made apprehensive.

Garwood = a demand is made even if the victim is not made apprehensive, as long as a normal person would be

Mens Rea:

1. With a view to gain for himself or another

2. Intent to cause loss to another

Defendant must be acting with a view to gain for himself or another, or with intent to cause a loss. The Gain or Loss must be property or money, and it can be temporary. No gain or loss actually needs to occur, as long as the defendant intended this is enough.

(Bevans)

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