Flashcards
Blackmail
Cards in this deck (21)
- 1What section does the definition of blackmail?S21 Theft Act 1968
- 2What are the actus reus elements of blackmail?Demand is made
Menaces
Unwarrented - 3What are the mens rea elements of blackmail?Intent to cause loss to another
A view to gain for himself or another - 4How can a demand be made?In any communication format e.g. texts or calls.
- 5What are the two cases on blackmail?Collinston and Wurhurst
Treacy v DPP - 6What does the case of Collinston and Wurhurst state?Doesn't need to be made explicitly implied.
- 7What does the case of Treacy v DPP state?Once the demand is made the actus reus is formed.
- 8What are the main cases in menace?Thorne v Motor Trade
Clear
Harry
Garwood - 9What does the case of Thorne v Motor Trade define menace as?Defined menace as:
- Threats of violence
- Anything unpleasant or determined to the victim
- Implications of actions to follow - 10What does the case of Clear define menace to mean?Would a reasonable person succumber to this demand?
- 11What does the case of Harry state?States that menace is a strong word.
- 12What does Garwood state?States that the effect on the particular V should be taken into account.
- 13What is the law on unwarrented?If a demand is made with menaces then it is always unwarrented.
- 14What are the exceptions for unwarrented?a. He has reasonable grounds for making this demand.
b. The use of the menace is a proper menas of reinforcing the demand. - 15What is the relevant cases seen in unwarrented?Harvey
- 16What does the case of Harvey state about unwarrented?That it is necessary to show the two exceptions.
- 17What is the law on intention to make the demand?There must be an intnetion to make the demand.
- 18What is the law on intention to cause a gain or loss?It is stated by the Theft Act 34(2)(a).
- 19What does Theft Act 34(2)(a) state?States the definitions of gain and loss.
Gain and loss doesn't have to be permanent.
Gain and loss can include property.
Bevans states that it doesn't matter if D doesn't gain anything. - 20What does the Theft Act 34(2)(a) define gain as?Getting something or to keep something that you should have lost.
- 21What does the Theft Act 34(2)(a) define loss as?Losing something or not getting something that you should have got.