Blackmail - s.21 THEFT ACT 1968

Actus Reus
1. Making of unwarranted demands with menaces
  1. Can be spoken word, conduct or writing
  2. V need not hear or receive the demand
  3. The demand need not be made explicitly to V: COLLISTER AND WARHURST
  4. Where the demand is sent in the post, the demand is considered made when the letter is posted: TREACY v DPP
2. Any demand with menaces is unwarranted, unless: (s.21)
  1. He had reasonable grounds for making the demand
  2. The use of menaces was a proper way of reinforcing the demand
    1. The jury must be satisfied that D believes BOTH of these things: HARVEY, ULYETT AND PLUMMER
3. Unwarranted demand must be made with menaces
  1. Menace is an ordinary word the jury will usually understand
    1. Covers threats of violence to persons, as well as threats to damage property and to make damaging allegations against V whether truthful or not.
  2. Will be a demand with menaces if an ordinary person would be affected: CLEAR
  3. Words or conduct that would not intimidate or influence anyone are not menaces: HARRY
  4. A threat that would only affect a timid person is menaces if D knew of V's timid nature: GARWOOD
  5. D is still guilty if V does not give in to the menaces
Mens Rea
1. At the time of the unwarranted demand with menaces:
  1. D acted with a view to gain for himself or another
  2. D acted with intent to cause loss to another
2. s.34 (2) (a) THEFT ACT 1968
  1. Intended gain or loss must be of money or other property
  2. The intended gain or loss can be temporary
  3. Gain is not limited to D making a profit: LAWRENCE AND POMROY
  4. Gain includes a gain by D keeping what he has
  5. Loss includes a loss by V not getting what they should get

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Blackmail - s.21 THEFT ACT 1968

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	Criado por Lucy Nove quase 8 anos atrás