What is Blackmail? | Key Elements and Judicial Interpretation
The criminal offence of Blackmail is committed when an individual makes an unwarranted demand with menaces against another, with a view to gain for himself or another.
The criminal litigation team at KANGS is well placed to advise on blackmail allegations. The offence is treated by the courts as being extremely serious and, if found guilty, a person can face a maximum prison sentence of up to fourteen years.
Sukhdip Randhawa of KANGS explains the general nature of the offence.
The Relevant Law
The Theft Act 1968 provides at section 21:
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose, a demand with menaces is unwarranted unless the person making it does so in the belief that:
- he has reasonable grounds for making the demand; and
- the use of the menaces is a proper means of reinforcing the demand.
The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
Therefore, a person may be guilty of blackmail if:
- a demand has been made,
- which is accompanied by menaces,
- for which there is no lawful reason and
- was intended to achieve a gain for themselves or someone else or to cause loss to someone else.
The Statutory Requirements for Blackmail
A Demand
A demand does not need to be clearly stated or spoken out loud and can be implied through someone’s actions, behaviour, speech, written words or the situation itself. It must be such that any ‘reasonable person’ placed in the same circumstances would understand that the demand is being made.
Case law adds the following clarification:
- R v Collister & Warhurst (1955) 39 Cr App R 100 - the act of blackmail is complete as soon as the demand has been made.
- A demand does not have to be directly communicated to the person it is aimed at. In Treacy v DPP 1971 AC 537 it was held that the demand is considered to have been made as soon as a threatening letter has been posted. It is not necessary for the person to whom it is addressed to have either received or read the letter.
A demand by way of email, text message or voicemail would be included in the above and would have been delivered at the time of transmission, even if not read or the voicemail listened to.
- Blackmail may be categorised as a continuing offence. In Re v Hester 2007 EWCA Crim 2127, it was established that the blackmail continues until threat has been withdrawn.
Accompanied by Menaces
Menaces are threats serious enough to cause concern or fear for the possibility of physical harm, damage to property, intimidation by for instance, the threat of revealing embarrassing information or consequence which may:
- influence or intimidate the mental stability or resolution of a reasonable person or
- has already impacted the mental stability of the victim with the intention to do so.
No Lawful Reason
In the Case of R v Harvey (1981) 72 Cr App Rep 139, it was established that an individual accused of the crime of blackmail cannot claim that the threat made was justified if it was known that complying with the threat entailed committing a criminal offence.
The Motivation Behind Blackmail
Intent to achieve gain or cause loss to another
It must be shown that the defendant intended to either benefit themselves or someone else, or to cause harm or disadvantage to another person.
Section 34 of the Theft Act 1968 states that the benefit must relate to money, or other property but demands of a sexual nature are not covered.
How Can We Assist You?
The use of blackmail for unlawful gain or to intimidate individuals constitutes an escalating threat to Society. With the constant development of technology, the means available of committing this crime are expanding.
For example, the Crown Prosecution Service has charged a man alleged to have sent WhatsApp messages to five people within Westminster circles. He has been charged with blackmail in relation to alleged unwarranted demands for the contact telephone numbers of up to twelve individuals. In addition, he has also been charged with other offences involving the alleged sending of unsolicited indecent images.
The team at KANGS have extensive experience gained over many years from advising and representing clients facing allegations of criminal conduct of every conceivable nature.
If we can be of assistance, please do not hesitate to contact a member of our team who will be delighted to assist.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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