D makes unwarranted demand with menaces with a view to gain or cause loss
1 of 12
Where is blackmail defined
Theft Act 1968 s.21
2 of 12
What are the actus reus elements
Demand with menaces
3 of 12
What are the mens rea elements
Intention to make an unwarranted demand with menaces with a view to gain or cause loss to another
4 of 12
What is the first stage of deciding whether a demand is warranted or not
If the defendant believes that he has reasonable grounds for making the demand
5 of 12
What is the second stage
If D believed that the use of menaces was a proper means of reinforcing the demand
6 of 12
Collister and Warhurst
Within D's hearing, two police officers dicussed dropping a charge in exchange for some payment. The ratio was that the demand need not be explicit to the victim, it can be implied
7 of 12
Treacy v DPP
D posted letter making a demand with menaces from England to Germany. The ratio was that the demand is made as soon as D posted the letter. The demand does not need to be receieved by V
8 of 12
Harvey
D made threats of **** and murder to V's family after V had double crossed him in a drug deal. D believed that he had reasonabe grounds to make the demand however he coud not have believed that the menaces were appropriate in enforcing the demand
9 of 12
Lawrence and Pomroy
A dispute over money owed for repairs, D said to V to "step outside to sort it out", and was carrying a knife. Menaces is defined by the jury and in this case the jury were entitled to define this as a menace
10 of 12
Harry
A letter was posted to shopkeepers over charity week asking for donations to avoid inconvienience. The ratio was if the menaces made would not effect the ordinary person then there is no blackmail
11 of 12
Bevans
D demanded morphine injection for pain relief at gunpoint. The ratio was that morphine is property and D still had a view to gain and to cause a loss to the hospital from which he demanded it
12 of 12
Other cards in this set
Card 2
Front
Where is blackmail defined
Back
Theft Act 1968 s.21
Card 3
Front
What are the actus reus elements
Back
Card 4
Front
What are the mens rea elements
Back
Card 5
Front
What is the first stage of deciding whether a demand is warranted or not
Comments
No comments have yet been made