Where is Blackmail found? What's the definition?
s21 Theft Act 1968 "with a view to gain for himself or another or with intent to cause a loss to another, he makes unwarranted demands with menaces"
What case shows that the demand can be implied?
R v Collister and Warhurst
Does the demand need to be received? Case?
Treacy v DPP
What does menaces mean? Case?
Lawrence and Pomroy - ordinary meaning.
Threat too mild?
R v Harry
What does menaces include? Case?
Anything unpleasant or detrimental to V - Thorne
If V is unusually timid, who must know? Case?
D must know. Garwood
"Of such nature and extent that the mind of an ordinary person of normal stability and courage would give in to the demand"
When does s21(1) show a demand won't be unwarranted?
a) D believes he had reasonable grounds to make the threat AND b) the use of menaces was proper
What does the case of Harvey show?
D is unlikely to believe that teh use of menaces was proper if it involves doing anything illegal
Where is intention to make a gain/ cause loss defined?
S34 Theft Act 1968
1. Keeping what one has 2. Getting what one has not
1. Parting with what one has 2. Not getting what one might otherwise get
What must the property be?
Property under s4(1) TA 1968
What is repayment of debt? Case?
Making a gain. R v Parkes
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