9084 · 2.2.4
Blackmail as defined in s21 Theft Act 1968 flashcards
Revision flashcards for Cambridge 9084 Blackmail as defined in s21 Theft Act 1968 (syllabus 2.2.4). Flip, recall, then mark a real past-paper question.
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s21 blackmail elements?
Unwarranted demand with menaces, with a view to gain for himself or another or with intent to cause loss to another.
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What are menaces?
A demand backed by a serious threat — judged by effect on a reasonable person (*R v Lawrence & Pomroy*).
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When is a demand warranted?
D has reasonable grounds and uses proper means to enforce the demand (s21(1) proviso).
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Gain and loss (s34)?
Broadly defined — includes keeping what one has or not getting what one might get.
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Lawful demand still blackmail?
Yes — even a lawful debt demand can be blackmail if made with unwarranted menaces (*R v Harvey*).
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Belief in right?
Honest belief in right to make demand may affect whether menaces are 'unwarranted' — but threat must still be proper.
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What is the definition of blackmail under s21 of the Theft Act 1968?
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces.
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What are the two tests for whether a threat constitutes 'menaces'?
1. Objective Test (Thorne v MTA): Would the threat affect the mind of an ordinary person of normal stability? 2. Subjective Test (R v Garwood): If D knows V is particularly timid, would the threat affect that specific victim?
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What are the two conditions for a demand to be 'warranted' under s21(1)?
The defendant must believe that: (a) he has reasonable grounds for making the demand; AND (b) the use of the menaces is a proper means of reinforcing the demand. Both are subjective tests.
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What is the mens rea for blackmail?
1. A view to make a gain for oneself or another, or an intent to cause a loss to another. 2. Intention to make a demand with menaces. The 'unwarranted' element, while part of the actus reus, is also based on D's state of mind.
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How does s34(2)(a) of the Theft Act 1968 define 'gain' and 'loss' for blackmail?
'Gain' and 'loss' are defined as being in terms of money or other property, whether temporary or permanent. This excludes demands for things without economic value, as seen in R v Bevans.