7928753
Description
Flashcards by Joanne North, updated more than 1 year ago
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Created by Joanne North
almost 9 years ago
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| Question | Answer |
| What section does the definition of blackmail? | S21 Theft Act 1968 |
| What are the actus reus elements of blackmail? | Demand is made Menaces Unwarrented |
| What are the mens rea elements of blackmail? | Intent to cause loss to another A view to gain for himself or another |
| How can a demand be made? | In any communication format e.g. texts or calls. |
| What are the two cases on blackmail? | Collinston and Wurhurst Treacy v DPP |
| What does the case of Collinston and Wurhurst state? | Doesn't need to be made explicitly implied. |
| What does the case of Treacy v DPP state? | Once the demand is made the actus reus is formed. |
| What are the main cases in menace? | Thorne v Motor Trade Clear Harry Garwood |
| What 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 |
| What does the case of Clear define menace to mean? | Would a reasonable person succumber to this demand? |
| What does the case of Harry state? | States that menace is a strong word. |
| What does Garwood state? | States that the effect on the particular V should be taken into account. |
| What is the law on unwarrented? | If a demand is made with menaces then it is always unwarrented. |
| What 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. |
| What is the relevant cases seen in unwarrented? | Harvey |
| What does the case of Harvey state about unwarrented? | That it is necessary to show the two exceptions. |
| What is the law on intention to make the demand? | There must be an intnetion to make the demand. |
| What is the law on intention to cause a gain or loss? | It is stated by the Theft Act 34(2)(a). |
| What 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. |
| What does the Theft Act 34(2)(a) define gain as? | Getting something or to keep something that you should have lost. |
| What does the Theft Act 34(2)(a) define loss as? | Losing something or not getting something that you should have got. |
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