EXAM NOTES: Robbery/Blackmail

Question 1

what is required for the blackmail (BM) offence?

Answer 1

(1) Demand
(2) Menaces
(3) Gain or loss
(4) Unwarranted

Question 2

what is the governing law for BM?

Answer 2

TA 1968 s21

Question 3

What is the AR for BM?

Answer 3

1) demand

2) with menaces

Question 4

explain ‘demand’ for BM

Answer 4

• D must expressly or impliedly make a demand of V to do or refrain from doing something
  • R v Collister and Warhurst - sufficient that an ordinary reasonable man would understand a demand for money was being made
  • Demand is “made” as soon as it is said/written etc and does not require actual communication Treacy v DPP

Question 5

explain ‘menaces’ for BM

Answer 5

1) May be express or implied

2) Thorne v Motor Trade – includes any detrimental or unpleasant action

Question 6

how is ‘menaces’ defined?

Answer 6

Normally given ordinary meaning unless definition by judge absolutely necessary e.g. in special circumstances – R v Lawrence & Pomroy

Question 7

what if D is not intimidated by the menace?

Answer 7

R v Clear

• actions which would not intimidate or influence anyone are not menaces
• but actions that influence the mind of an ordinary man with ordinary stability/courage are menaces
• even if D is particularly brave and is not intimidated

Question 8

what if V is particularly intimidated?

Answer 8

R v Garwood

• if V has a particular reason to be specially intimidated by a particular threat
• and D knows about this
• this can be taken into account to make a menace more serious

Question 9

what is the MR for BM?

Answer 9

• menaces are made with a view to making a gain or causing a loss
• menaces are unwarranted

Question 10

explain the ‘gain or loss’ concept for BM MR

Answer 10

• An intent to make a demand, a view to gain for self or another, or intent to cause loss to another
o No need for material profit to be intended e.g. blackmail for a painkilling drug injection in R v Bevan

Question 11

how are menaces unwarranted?

Answer 11

S21(1)(a) and (b) unwarranted if D has:
o No belief of reasonable grounds for making the demands, AND
o No belief that the use of the menaces is a proper means of reinforcing the demand

• entirely subjective test - just needs ‘honest belief’

Question 12

Give some cases that explain how menaces are unwarranted for BM

Answer 12

• Cannot believe the menace is a “proper means” if D knows it is unlawful/criminal to carry the threat out – R v Harvey.
• A demand can be made with “reasonable cause” considering the facts of the case e.g. in Thorne v Motor Trade Association. The amount demanded must be relative to this cause
• R v Lambert - No requirement that the person making the demand is going to be the one who carries out any of the threatened action, or for the demander to be in a position to carry it out.

Question 13

what is the general structure for a robbery answer?

Answer 13

(1) Theft AR
a. Appropriation property BTA
(2) Use of force
(3) On any person
(4) Immediately before/at the time of stealing
(5) Theft MR
a. Dishonesty/ITPD
(6) Intention to use force to steal

Question 14

what is the governing law for robbery (Rob)?

Answer 14

S8 TA 1968 s1

Question 15

what is the AR for robbery?

Answer 15

1 AR for theft
2 use of force
3 or creation of fear of being immediately subjected to force
4 on any person
5 immediately before or at the time of stealing

Question 16

what is the AR for theft? (for robbery)

Answer 16

1 appropriation
2 property
3 BTA
- Corcoran v Anderton: pulling on a handbag constituted an appropriation and therefore theft was satisfied

Question 17

explain the use of force for Rob

Answer 17

1) D uses force on someone
2) R v Dawson & James – force just means touching in some way
3) R v Hale – covering V’s mouth was ‘force’
4) R v Clouden - force can be applied through V’s property; pulling on a bag they’re holding
5) P and Others v DPP – if force applied through property it must be more than minimal. If it is not, there must be some contact with the person

Question 18

how can robbery be carried out through the apprehension of being then and there subjected to force?

Answer 18

B and R v DPP

1) a threat causes V to think that force will be used against them
2) no need for V to fear the use of force

R v Taylor
1) if the person being threatened is not aware of the threat, D must INTEND that they feel immediately threatened. if not, not liability

Question 19

explain ‘on any person’ for Rob

Answer 19

• As long as someone is aware of the threat to them, robbery can be satisfied.

Question 20

explain the need for immediacy in the use of force/threat in robbery

Answer 20

• R v Hale – appropriation is a continuing act so tying her up after stealing from her constituted robbery
• R v Donaghy & Marshall if there is a delay between use of force and theft
(1) at the time of the theft the threat must still be acting on the V
(2) it is this threat that forces V to comply
(3) the Ds are aware of this.

Question 21

what is the MR for robbery?

Answer 21

1) MR for theft

2) intention to use force to steal

Question 22

explain the need for MR for theft in Rob

Answer 22

• Dishonesty
• Intention permanently to deprive
• R v Robinson
- believed V’s wife owed him money and got in a fight with him
- money fell out of V’s pocket and he took it as ‘part payment’
- could rely on s2(1)(a) TA 1968 - honestly believed he was entitled to the money

Question 23

explain the need for an intention to use force to steal in robbery

Answer 23

Force must be used intending to use force to steal
o Accidental use of force is not enough. E.g. if you knock someone over accidentally then run away with their wallet, no robbery.