This chapter deals with blackmail and related offences. The crime of blackmail involves making any unwarranted demand with menaces. Blackmail initially appears to have been coextensive with robbery and attempted robbery, but has since embraced more subtle methods of extortion. The law is currently set out in s 21 of the Theft Act 1968. This chapter considers unwarranted demand, the paradox of blackmail, the requirement of a view to gain or intent to cause loss, unlawful harassment of debtors and other offences based on threats including threats to kill, threats to damage property, threats of food terrorism, demanding payment for unsolicited goods with threats, robbery, assaults, threats of violence for the purpose of securing entry to premises and sending malicious communications.
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This chapter examines a number of related offences that are found in the Theft Acts 1968 and 1978. The chapter considers the rationale for the existence of these offences and examines why it was considered necessary to have offences that supplement the general offence of theft.
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This chapter discusses the law and theory on burglary and blackmail. The offence of burglary is committed where a defendant enters a building as a trespasser with intent to commit one of the offences listed in section 9 of the Theft Act 1968. It is also committed where a defendant has entered a building as a trespasser and then committed one of a list of other offences. To be guilty of blackmail, a defendant must make unwarranted demands with menaces with a view to making a gain for themselves or a loss to another.
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Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the several offences in the Theft Acts 1968 and 1978, including: making off without payment; burglary (including discussion of the key terms ‘entry as a trespasser’, ‘building’, and the ulterior offences); aggravated burglary (burglary committed when the person has with them a firearm or imitation firearm, or offensive weapon); blackmail; handling stolen goods; and dishonestly retaining a wrongful credit. The feature ‘The law in context’ feature examines how burglars are sentenced, including the applicable sentencing guidelines, the evolution of relevant case law, and the ‘three strikes and you’re out’ mandatory sentence.
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This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (eg theft, robbery), possessing stolen or criminal property (eg handling stolen goods, money laundering), and damaging another’s property (eg criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
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This chapter examines the most frequently committed property offences in Great Britain, focusing on burglary, aggravated burglary and criminal damage. It also discusses blackmail, a less frequent but equally serious offence. The general principles of these offences are explored and their actus reus and mens rea elements are discussed. The chapter explains the key provisions of the Theft Act 1968 and identifies the types of legal defence that can be successfully employed for these offences. It considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson. The chapter also provides examples of several relevant cases and analyses the bases of court decisions in each of them.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to protect property or economic interests, some also provide protection to the well-being of the individual.
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This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Among these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that it can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
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This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Amongst these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that in can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter describes those who help or encourage thieves. They are usually convicted for the more serious offence of handling stolen goods. The definition of appropriation and dishonesty is one of the principal problems of theft. Dishonesty is the central component of fraud offence under the Fraud Act 2006. Robbery merges the utilisation of force or fear of subjection to force. Aggravated burglary is triable on indictment and has a maximum penalty of life imprisonment. Blackmail is the felony of money by threats. There is a huge overlap between money laundering offences and the more traditional offence of handling stolen goods.
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This chapter discusses the following offences contained in the Theft Act 1968 (TA 1968): burglary, aggravated burglary, blackmail, handling stolen goods, dishonestly retaining a wrongful credit and going equipped for stealing or burglary. It also considers the maximum punishments relating to convictions on indictment.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to protect property or economic interests, some also provide protection to the well-being of the individual.
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David Ormerod and John Child
This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
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This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.
