Blackmail Quiz

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1. The mens rea of blackmail is that the defendant must have an intention to make a demand with menaces and

  • D must do so with a view to gain for himself or another, or, with an intent to cause a loss to another
  • D must have made an unwarranted demand with menaces
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2. Part a) of the two tests set out in s21(1) is

  • D believed that he or she had reasonable grounds for making the demand
  • D believed the use of menaces was a proper means of reinforcing the demand

3. Menaces includes violence, threats of any action detrimental to or unpleasant to the person addressed or warnings of such action, which case is this from

  • Harvey
  • Thorne v Motor Trade Association
  • Collister and Warhurst

4. What was the rule from Clear

  • The effect of the demand must be that the reasonable person would be influenced or fearful so that the demand was likely to be met
  • Gain or loss requires something of economic value

5. The unwarranted demand can be express or implied

  • True
  • False

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