Blackmail Offence


Definition of blackmail under S.21 Theft Act 1968.
Blackmail is an unwarrented demand made with menaces and with a view to make a gain or cause a loss.

Actus Reus - make a demand unwarrented with menaces

Mens Rea - the view to make a gain or cause a loss.

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Make a demand

Actus Reus - Make a demand.

Demand: A demand made in writing, email or any other method of communication.
Can be expressed or implied: R V Collister and Warhurst
Demand is  made a soon as it is posted and doesnt have to actually reach the victim: Treacy V DPP

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The demand is unwarrented unless D believed:
1) They had reasonable grounds to make the demand.
2) The use of menaces was the appropriatte way to enforce the demand.

R V Harvey
Thorne V Motor Trade Asociation

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With Menaces

Menaces = a serious threat which are expressed or implied and extends beyond threats of physical violence

 R V Harry    R V Thomlinson.

The test for whether a threat is a menace is an objective one
- R V Clear

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View to make a gain or inent to cause a loss

Gain or loss is a gain or loss of any money or other property.

R V Bevans

The gain or loss only needs to be temporary.

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