Blackmail

Question 1

Blackmail S21(1) Theft Act 1968

Answer 1

A person commits the offence of blackmail if he or she makes any unwarranted demand with menaces, with a view of making a gain for him or herself or any other person, or with intent to cause loss to any other person.

The demands must be unwarranted and unreasonable, some demands may be considered reasonable e.g. repaying a debt

Question 2

Points to prove for blackmail

Answer 2

1. Demand, can be made orally or in writing
2. Loss or gain must be financial in nature
3. Menaces, threatening quality and action.
4. Unwarranted, court will decide if demand was unreasonable.