What section of the Theft Act 1968 is blackmail found under?
S.21.
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What is the definition of blackmail?
A threat to do somehting to the victim if he doesn't agree to the demand.
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The threat does not have to be...
...illegal or true.
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The demand can be...
...expressed or implied (Collister v Warhurst).
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What does Treacy v DPP state?
The demand is made once the actus reus is complete. It does not matter if the victim does not receive it.
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What must the demand have been made with?
Menaces.
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What does Lawrence v Pomroy state?
The jury can be expected to understand the word 'menaces.'
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Clear stated that a demand has been made with menaces if it is of "such a nature and extent that the mind of an ordinary person of...
...normal stability and courage might be made apprehensive by it."
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It is not necessary to prove that the victim was intimidated by the blackmail (threat) but it must be proven that the threat was more than trivial. What case states this?
Harry.
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What is the principle of Garwood?
If the D had awareness that the V was vulnerable, it can still be menaces.
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Does the V have to give in to the threat for the actus reus to be established?
No.
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What case is used to establish direct intention for blackmail?
Mohan (main aim, purpose and desire).
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S.21(1) Theft Act 1978 sets out two test to find whether the demand made with menaces was warranted (Harvey). What is the first test?
The D had reasonable grounds for making the demand.
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What is the second test, established under S.21(1) Theft Act 1978?
The use of menaces was a proper means of reinforcing the demand (morally and socially acceptable).
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Under what section of the Theft Act 1968 are gain and loss defined?
S.34 (2).
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What is the defintion of gain?
"A gain by keeping what one has, as well as a gain by getting what one has not."
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What is the defintion of loss?
"A loss by not getting what one might get, as well as a loss by parting with what one has."
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What case states that the gain/loss must be of economic value?
Bevans.
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Other cards in this set
Card 2
Front
What is the definition of blackmail?
Back
A threat to do somehting to the victim if he doesn't agree to the demand.
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