Blackmail

S21 Theft Act 1968

Actus Reus

Demand

• Can be any method
• Can be implicit (Collister v Warhurst)
• If the demand is posted, it is effective at the moment of posting (Treacy v DPP)

Unwarranted

• Not unwarranted under s21(1) if D believed:
1. He had reasonable grounds of making the demand, and
2. The use of menaces was proper means of enforcing the demand
   
• (Harvey)
• Note that s21(1)(b) is very difficult to prove which makes the previous exception virtually invalid

With Menaces

• ‘Menaces’ is an ordinary English word which any jury can be expected to understand (Lawrence v Pomroy)
• Must be “of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive by it so as to unwillingly accede to it.” (Clear)(Harry)
• Does not matter whether V actually succumbed to the menaces and paid up or not
• Where menaces does not affect a normal person – still menaces if D was aware of the likely effects on V (Garwood) (e.g. prize plant, pet, etc.)

Mens rea

View to gain or intent to cause loss

S32(2)(a) Gain or loss of money or other property

• Can be temporary or permanent
1. Gain: keeping what one has, gaining what one has not
2. Loss: losing what one has, not getting what one might get
• (Bevans)
• Gain or loss need not actually happen