Skip to content
MarkSchemeMarkScheme
Sign up — no card

9084 · 2.2.4

Blackmail as defined in s21 Theft Act 1968

Blackmail is making an unwarranted demand with menaces, intending to gain for oneself or another or cause loss — even if the demand itself is lawful.

Need to know

What you need to know

  • The demand can be express or implied (R v Collister and Warhurst).
  • A demand is 'unwarranted' unless D believes they have reasonable grounds for it.
  • Crucially, D must also believe that using menaces is a 'proper' way to reinforce the demand.
  • This is a subjective test based on the defendant's actual belief, not what a reasonable person would believe.

Explanation

Demands with threats

  1. Demand — can be explicit or implicit.
  2. Menaces — serious threat (R v Lawrence & Pomroy).
  3. Unwarranted — unless reasonable grounds and proper means.
  4. Gain/loss — includes keeping what one has.
Mark this topic ->Open full visual lesson