A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause a loss to another, he makes any unwarranted demand with menaces;
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For this purpose a demand with menaces is unwarranted unless the person making it does so in the belief -
(a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand
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Actus Reus of Blackmail
Making an unwarranted demand with menaces
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Mens Rea of Blackmail
An intention to make an unwarranted demand with menaces and with a view to gain or loss
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Collister and Warhurst
The demand can take any form, it does not even need to be made explicitly to the victim
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Treacy v DPP
Making the demand is the actus reus of the offence. The demand does not need to be received by the V. When a demand is sent the demand is made when it is posted
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Harvey
The D must hold a belief that (a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand
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Lawrence and Pomroy
'Menaces' is an ordinary word that the jury are expected to know the definition of
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Clear
The menace must be 'of such a nature and extent that the mind of the ordinary person of normal stability and courage might be influenced or made apprehensive by it so as to unwillingly accede to it'
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Harry
If the menaces would not affect an ordinary person then it is unlikely that blackmail will be proved
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Garwood
A threat which would not affect a normal person can be menacing if D was aware of the likely effect it would have on the specific victim
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Bevans
The demand can be made with a view to a gain or cause a loss
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Other cards in this set
Card 2
Front
(a) that he had reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand
Back
For this purpose a demand with menaces is unwarranted unless the person making it does so in the belief -
Card 3
Front
Making an unwarranted demand with menaces
Back
Card 4
Front
An intention to make an unwarranted demand with menaces and with a view to gain or loss
Back
Card 5
Front
The demand can take any form, it does not even need to be made explicitly to the victim
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