Case Law Blackmail

  • Created by: A Francis
  • Created on: 19-03-13 11:50
Section 21 Theft Act 1968 Blackmail
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause a loss to another, he makes any unwarranted demand with menaces;
1 of 12
For this purpose a demand with menaces is unwarranted unless the person making it does so in the belief -
(a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand
2 of 12
Actus Reus of Blackmail
Making an unwarranted demand with menaces
3 of 12
Mens Rea of Blackmail
An intention to make an unwarranted demand with menaces and with a view to gain or loss
4 of 12
Collister and Warhurst
The demand can take any form, it does not even need to be made explicitly to the victim
5 of 12
Treacy v DPP
Making the demand is the actus reus of the offence. The demand does not need to be received by the V. When a demand is sent the demand is made when it is posted
6 of 12
Harvey
The D must hold a belief that (a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand
7 of 12
Lawrence and Pomroy
'Menaces' is an ordinary word that the jury are expected to know the definition of
8 of 12
Clear
The menace must be 'of such a nature and extent that the mind of the ordinary person of normal stability and courage might be influenced or made apprehensive by it so as to unwillingly accede to it'
9 of 12
Harry
If the menaces would not affect an ordinary person then it is unlikely that blackmail will be proved
10 of 12
Garwood
A threat which would not affect a normal person can be menacing if D was aware of the likely effect it would have on the specific victim
11 of 12
Bevans
The demand can be made with a view to a gain or cause a loss
12 of 12

Other cards in this set

Card 2

Front

(a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand

Back

For this purpose a demand with menaces is unwarranted unless the person making it does so in the belief -

Card 3

Front

Making an unwarranted demand with menaces

Back

Preview of the back of card 3

Card 4

Front

An intention to make an unwarranted demand with menaces and with a view to gain or loss

Back

Preview of the back of card 4

Card 5

Front

The demand can take any form, it does not even need to be made explicitly to the victim

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 Law of Tort resources »