Law - Blackmail

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What is the act and section number for blackmail?
Theft Act 1968 s21
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What is the actus reus?
Demand with menaces
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When is thedemand complete?
At moment made by D - Treacy v DPP - demand by post
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What does menaces include?
Threats of anything detrimental/unpleasent (R v Tomlinson)
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What did R v Clear say?
Menace requires a threat which might influence a reasonable person or might make a reasonable person apprehensive
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Is there a requirement that D is able to carry out threat?
No - R v Lambert
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Explain timorous victim
May be menaces if D is aware of likely effect on V (R v Garwood)
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What is the mens rea?
The demand is unwarranted with a view to gain or intent to cause a loss
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What is the subjective test fir the unwarrantedness of the demand?
Demand is unwarranted unless D believes there are reasonable grounds for making the deamand and the use of menaces is a proper way of reinforcing the demand - R v Harvey
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What about the law regarding demanding repayment of legally enforceable debt?
Where D demands repayment of debt through legal proceedings - no blackmail
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Card 2

Front

What is the actus reus?

Back

Demand with menaces

Card 3

Front

When is thedemand complete?

Back

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Card 4

Front

What does menaces include?

Back

Preview of the front of card 4

Card 5

Front

What did R v Clear say?

Back

Preview of the front of card 5
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