AQA A2 Law Unit 4 - Blackmail

Actus reus

• Unwarrented 
• Demand 
• With Menaces

Can create a demand if they believe they; Have reasonable grounds to make the demand, and they have the proper means of reinforcing the demand

The Unwarrented demand can be made either, Express or Implied; 

• Collister and Warhurst - Implied and Express demand 
•  Treacy v DPP - Communication has been made to make the demand 

Menaces are not limited to threats of violence, just any action that it unpleasent;

• Garwood - Demand amounted to threat due to timidness (Known to D) would not under RM
• Harry - Threats too mild to account for menace (Inconvenience)

Mens Rea

• Intention to make a demand with menace
• Doing so with a view to gain either for himself or another , with intent
• Direct/Oblique intent or recklessness

If the defendant had the reasonable grounds for making the demand, and that the use of menance is a proper means of reinforcing the demand = no Blackmail

• Bevans - Gain or loss is requires something of economic value 
• Harvey - Defendants threat of serious violence not a proper means of reinforceing the demand