Blackmail
Rhys is regularly instructed to represent those charged withe the most serious of offences. He has the knowledge and expertise to provide meaningful assistance at every stage.
The offence of Blackmail is set out in Section 21 of the Theft Act 1968.
In order for the offence to be made out, it would need to be shown that there was an unwarranted demand accompanied by menaces and that the demand was made with a view to making a gain for himself or a loss to another.
The Elements of the Offence
In simple terms, there are three individual parts of the offence
- That there was an unwarranted demand – he asked for something that he wasn’t entitled to;
- The making of the demand was accompanied by menaces – when asking he threatened violence/threats of detrimental effect;
- The above was done with the intention of making a gain.
Defences
The following are potential defences:
- That there were reasonable grounds for making the demand (asking for money) and;
- That the actions taken were a reasonable means of enforcing the demand.
A Demand
It is necessary only to show that money was demanded. It does not even need to be explicit and can be in writing or done orally in person. The test is whether or not the person of who the demand was made would reasonably know that a demand was being made of him (R. v. Lambert [2010] 1 Cr.App.R. 21).
Menaces
The case of R. v. Clear [1968] 1 Q.B. 670 is the leading case, although under the old law, deals with the definition of the meaning of “menaces”:
Words or conduct which would not intimidate or influence anyone to respond to the demand would not be menaces …, but threats and conduct of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand would be sufficient
These menaces include, but are not limited to, threats of violence. In short, they need to be actions that will have a detrimental result on the victim, which is in line with the more traditional understanding of blackmail i.e. disclosure of a secret.
Unwarranted
Despite Blackmail being an offence that falls under the Theft Act, dishonesty is not an element of the offence. It is not sufficient to simply show that a Defendant was entitled to the sums requested, the menaces that accompany it must also be warranted.
The test of unwarranted is fact specific, a threat to do some harm disproportionate to the sum or property legally claimed would be strong evidence of the absence of any belief in the propriety of the threat.
View to gain or intention to cause loss
This phase has its ordinary meaning, there must be an intention to gain from making the demands, i.e. that the Defendant would benefit from the demand being carried out.
