Law 04 Revision - Blackmail

HideShow resource information
Where is the offence of blackmail contained?
S21 Theft Act 1968
1 of 15
What is the first element of the offence of blackmail?
Demand
2 of 15
What was held in the case of Collister and Warhurst (1955)?
A demand can be made impliedly and whether a demand is present is a matter of fact for the jury to decide.
3 of 15
What was held in the case of Treacy v DPP (1971)?
A demand will be complete as soon as the defendant has done all they can to communicate it, it does not actually matter whether or not the victim receives it, a demand can be made in writing.
4 of 15
What did s21(2) of the Theft Act 1968 say?
It does not matter what the demand is for and it does not matter whether the defendant is the one carrying out the threat or they have threatened someone else will take action.
5 of 15
What is the second element of the offence of blackmail?
Unwarranted
6 of 15
What does s21(1) of the Theft Act 1968 say?
A demand with menaces is unwarranted unless the person making it does so in the belief that a) He has reasonable grounds for making the demand and b) That the use of menaces is the proper means of reinforcing that demand.
7 of 15
What was held in the case of Harvey (1981)?
The Court of Appeal emphasised the subjective nature of the test and if the proper means what the defendant believe to be morally/socially justified. A defendant cannot believe for a crime to be the proper means of reinforcing a demand.
8 of 15
What is the third element of the offence of blackmail?
Menaces
9 of 15
What was held in the case of Thorne v Motor Trade Association (1937)?
The word menace is to be liberally construed and not as limited to threats of violence but including threats of any actions detrimental to or unpleasant to the person addressed.
10 of 15
What was held in the case of Clear (1968)?
The menace must be of such a nature that the mind of an ordinary person would be affected.
11 of 15
What was held in the case of Garwood (1987)?
Threats that affected the victims mind, although they would not have affected a person of ordinary stability can still amount to menaces as long as the defendant was aware of the likelihood of this.
12 of 15
What was held in the case of Harry (1947)?
Menaces were not present as only 5 out of 115 shopkeepers were affected so the ordinary person would not be affected by the menaces.
13 of 15
What is the fourth element of blackmail?
Made with a view to gain or cause a loss
14 of 15
What does s34(2) of the Theft Act 1968 say?
That the gain or loss must be in relation to money or other ‘property’, the definition of property used in theft will suffice and a gain includes a gain by keeping what one has and a loss includes not getting what one might get.
15 of 15

Other cards in this set

Card 2

Front

What is the first element of the offence of blackmail?

Back

Demand

Card 3

Front

What was held in the case of Collister and Warhurst (1955)?

Back

Preview of the front of card 3

Card 4

Front

What was held in the case of Treacy v DPP (1971)?

Back

Preview of the front of card 4

Card 5

Front

What did s21(2) of the Theft Act 1968 say?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »