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.
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
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
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
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.