Blackmail

Question 1

Which section of which act defines blackmail?

Answer 1

S21 of the Theft Act 1968

Question 2

What is the maximum sentence for blackmail?

Answer 2

14 years

Question 3

Define blackmail

Answer 3

A person will be guilty of this offence if, with a view to gain for himself or another, or with intent to cause loss to another, he makes unwarranted demands with menaces

Question 4

What are the actus reus elements of blackmail?

Answer 4

D must make a demand

With menaces

Question 5

What are the mens rea elements of blackmail?

Answer 5

Demand must be unwarranted

Intention to make a gain/cause a loss

Question 6

In what different ways can D make a demand?

Answer 6

Express or implied

Question 7

What legal principle came out of the case of Collister and Warhurst?

Answer 7

A demand need not be direct, ie it does not need to be made explicitly to V

Question 8

What legal principle came out of the case of Treacy v DPP?

Answer 8

A demand is made when D has done all he can to communicate it

Question 9

How does Thorne explain ‘menaces’?

Answer 9

‘Anything unpleasant or detrimental’

Question 10

What does Clear set out?

Answer 10

The test of what constitutes a ‘menace’

Question 11

What is the Clear test for ‘menaces’?

Answer 11

‘It must be a threat of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to acceded unwillingly to the demand’

Question 12

Put the clear test into your own words

Answer 12

A threat is a menace if it makes an ordinary person of normal stability/courage worried enough to reluctantly give in to a demand

Question 13

What case would be useful to a vulnerable victim for the Clear test?

Answer 13

Garwood

Question 14

When does Garwood say that a threat on a ‘weak’ V still constitute a menace?

Answer 14

When D is aware of V’s weakness

Question 15

What does S21 of TA 1968 say?

Answer 15

That any demand made with menaces will be unwarranted unless a 2 part test in S21(1) is fulfilled

Question 16

What does S21(1) say?

Answer 16

That a demand is unwarranted unless D believed

a) that he had reasonable grounds for making the demand, AND
b) the use of menaces was a proper way of backing up the demand

Question 17

What legal principle came out of the case of Harvey?

Answer 17

That menaces are not ‘proper’ if they involve something illegal (e.g. violence)

Question 18

Which section defines ‘gain’ and ‘loss’?

Answer 18

S34 of TA 1968

Question 19

Define ‘gain’

Answer 19

Keeping what one has or getting what one has not got

Question 20

Define ‘loss’

Answer 20

Parting with what one has or not getting what one might get

Question 21

What must D intend to make a gain/cause a loss of?

Answer 21

Property as per S4 of TA 1968

Question 22

Give an example of what would not count as ‘property’ for purposes of blackmail

Answer 22

Sex

Question 23

What constituted property in the case of Bevans?

Answer 23

Morphine

Question 24

Which case said that having debt repaid was a ‘gain’?

Answer 24

Parkes