Blackmail: S21 Theft Act 1968

Blackmail: S21 Theft Act 1968

1. AR

   • make demand
     • words, conduct, writing
     • Collister and Warhurst, V need not hear/receive demand, can be implied
     • Treacy, once letter posted AR completed
   • with menaces
     • serious threat
     • Throne, includes any action detrimental/unpleasant to person addressed
     • Clear, affects normal person its sufficient
     • Garwood, if D aware of likely effect on V, like they were timid, its sufficient
   • that's unwarranted
     • unless D believes
     • 1) he has reasonable grounds for reinforcing demand, and
     • 2) the use of menaces was a proper means of reinforcing demand
     • Harvey, whether D in fact believed that what he threatened to do was morally/socially acceptable according to standards of society

2. MR

   • making gain/causing loss
     • can be temporary/permanent
     • even if don't succeed still guilty
     • Bevans, D in severe pain so pointed gun at Dr demanding him to inject him with morphine
   • in terms of money/property