Blackmail

Joanne North
Flashcards by , created over 2 years ago

AQA 2016

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Joanne North
Created by Joanne North over 2 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.