In the case of Collister and Warhurst, D overheard policeofficers discussing dropping charges in return for payment, what type of demand is this?
Implied
1 of 15
The case illustrating an implied demand is
Collister and Warhurst
2 of 15
A demand is made when the defendant has done all he or she can to ____
Communicate the demand
3 of 15
What happened in the case of Treacy
A letter was posted but never received, this was held to be a demand
4 of 15
If the two tests set out in S___ are fulfilled then a demand will be warranted
S21 (1)
5 of 15
Part a) of the two tests set out in s21(1) is
D believed that he or she had reasonable grounds for making the demand
6 of 15
Part b) of the two tests set out in S21(1) is
D believed that the use of menaces was a proper means of reinforcing the demand
7 of 15
In the case of _____ the defendant had received 'rubbish drugs' and when he couldn't get his money back he threatened the victim's family with ****
Harvey
8 of 15
The mens rea of blackmail is that the defendant must have an intention to make a demand with menaces and
D must do so with a view to gain for himself or another, or, with an intent to cause a loss to another
9 of 15
Gain and loss are in money or other property - things of economic value rather than a kiss for example, which section is this under
S34 (2) Theft Act 1968
10 of 15
In the case of ___ the defendant forced a doctor at gunpoint to provide him with an injection of morphine for pain relief.
Bevans
11 of 15
Menaces includes violence, threats of any action detrimental to or unpleasant to the person addressed or warnings of such action, which case is this from
Thorne v Motor Trade Association
12 of 15
What was the rule from Clear
The effect of the demand must be that the reasonable person would be influenced or fearful so that the demand was likely to be met
13 of 15
This case involved a letter to shopkeepers on a rag week procession route that asked for contributions to avoid inconveniance
Harry
14 of 15
If the person to whom the threat is made is known by the defendant to be particularly timid, then threats which do not affect the normal person can still be taken as menaces
Garwood
15 of 15
Other cards in this set
Card 2
Front
The case illustrating an implied demand is
Back
Collister and Warhurst
Card 3
Front
A demand is made when the defendant has done all he or she can to ____
Back
Card 4
Front
What happened in the case of Treacy
Back
Card 5
Front
If the two tests set out in S___ are fulfilled then a demand will be warranted
Comments
No comments have yet been made