Blackmail s21 theft act

Blackmail s21 theft act along with cases

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Definition

S21 Theft act states a person is guilty of blackmail if he with a view to gain or another to loose he makes any unwarranted demand with menances for the purpose menances is unwarranted unless the person does so in belief he had reasonable grounds or no proper means of reinforcing demand

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Demand

Demand

R v Collister and warhurst- Indirect demand

Treacy v DDP- conduct crime

Unwarranted demand

Subjective test: R v Harvey

s21 Unless he believes:

  • (a) He had  reasonable grounds for making demand and
  • (b) The use of menances was a proper way of reinforcing the demand
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Menaces

R v Lawrence and pomroy- this is serious threat

R v Clear - It is held that menace should be of such serious nature and extent that the mind of an ordinary person of normal stability will be made unwilling to accide to it.

R v Harry- Not everyone was swayed by the demand and therefore menaces cannot be established

R v Garwood- Item that belongs to the victim of personal value

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Mens rea

  • An Intention to make the demand - Oblique or direct intention
  • View to make a gain or for another to loose - can only be property and can be temporary or permanent
  • There must not have believed that its reasonable grounds and that there is no other way of reinforcing the demand- Subjective test

All 3 must be established

R v Beavans- Needed some morphine and therefore pointed a gun at GP and order the morphine. This is blackmail.

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