A demand with menaces will be regarded as unwarranted unless the person making the demand believes both of the following:
- That they had reasonable grounds for making the demand.
- That the use of menaces is a proper means of reinforcing the demand.
How can it be shown the defendant believed the above two factors?
The test is subjective so when looking at the two factors above, it is the belief of the defendant which is important. Whether they are actually entitled to the money or property demanded is therefore not relevant.
With a view to make a gain or intent to cause a loss
Section 34 of TA 1968 defines gain and loss as including only gain and loss of money or other property.
Would demands of a sexual nature fall within the remit of the Theft Act?
Under s 34 of TA 1968, demands of a sexual nature would fall outside the remit of blackmail.
What is the maximum prison sentence for blackmail?
For the offence of blackmail under TA 1968, the maximum prison sentence is 14 years.