Blackmail - Unit 4

HideShow resource information
  • Created by: Carissa
  • Created on: 17-06-15 09:19
Definition of Blackmail (s.21 Theft Act 1968)
A person is guilty of blackmail if, with a view to gain for himself or anouther or with intent to cause loss to another, he makes an unwarrented demand with menaces.
1 of 10
A demand is warrented if (s.21 Theft Act 1968)
The person making it does so in the belief that (a) he has reasonable grounds for making the demand; and (b) that he uses the menaces as a proper means of reinforcing the demand
2 of 10
[R v Collister and Warhurst]
Can be expressed or implied. The policeman said 'remember Sir, I am now making an appeal to your benevolance'. The victim handed over £5 and no charges were then made against him.
3 of 10
Example of warrented demand
Debt repayment
4 of 10
[Thorne v Motor Trade Association]
Lord Wright, 'I think the word menace is to be liberally constructed, and is not limited to threats of violence'.
5 of 10
[R v Garwood]
The victim was extremely timid, a well known fact to the defendant. The defendant's threat would therefore amount to menaces even though the ordinary person would not be affected.
6 of 10
[R v Harry]
Student told shop workers, when he was on a charity parade, that, if they donated, they would be spared of any inconvinience. The court decided that this was too trivial to amount to menaces.
7 of 10
s. 34 (2) Theft Act 1968
Gain or loss. Refers only to money or other property. The item must have economic value. Gain includes keeping what one has and loss includes not getting something one would have otherwise recieved.
8 of 10
Genuine belief
If it is more reasonable, it is more likely to be genuine. [R v Harvey]. The defendant paid £20,000 for cannabis, however he was given a 'load of rubbish'. He therefore kidnapped his suppliers wife & childeren & threatened harm unless money was paid.
9 of 10
[Tracey v DPP]
Letter was posted but never recieved by the victim. Sufficient for menaces a sthe defendant had done all that they could to communicate the demand.
10 of 10

Other cards in this set

Card 2

Front

The person making it does so in the belief that (a) he has reasonable grounds for making the demand; and (b) that he uses the menaces as a proper means of reinforcing the demand

Back

A demand is warrented if (s.21 Theft Act 1968)

Card 3

Front

Can be expressed or implied. The policeman said 'remember Sir, I am now making an appeal to your benevolance'. The victim handed over £5 and no charges were then made against him.

Back

Preview of the back of card 3

Card 4

Front

Debt repayment

Back

Preview of the back of card 4

Card 5

Front

Lord Wright, 'I think the word menace is to be liberally constructed, and is not limited to threats of violence'.

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Property Offences resources »