OFFENCES AGAINST PROPERTY: BLACKMAIL

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  • Created by: Megan1900
  • Created on: 15-06-18 12:30

BLACKMAIL

D may be liable for Blackmail under Section 21 of the Theft Act 1968 which is a conduct crime defined as “A person will be guilty of this offence if, with a view to gain for himself or another, or with intent to cause loss to another, he makes unwarranted demands with menaces”

ACTUS REUS

D must have made a demand, which can either be expressed (face to face demand, over emails and texts) or implied (COLLISTER + WARHURST - Defendant overheard Police men negotiating to let him off with the crime if he paid them) 

The demand is made when the defendant has done all he can to communicate the demand. (TREACY v DPP)

The demands must also be unwarranted.

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