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.
Chapter
24. Blackmail and related offences
Chapter
10. Burglary and Blackmail
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.
Chapter
24. Blackmail and related offences
David Ormerod and Karl Laird
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.
Chapter
10. Burglary and Blackmail
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.
Chapter
5. Crime statistics
This chapter evaluates the importance of crime statistics in criminological studies. Crime statistics can give an indication of how much ‘crime’ is happening, for example how many robberies or car thefts have been counted in a particular year and area. They also help to identify and assess trends and patterns, such as shifts in types of crimes and perpetrators, increases and decreases in the number of offences and in more serious acts of deviance, like assault or murder. This knowledge enables us to decide on the appropriate responses to crime, and for ‘society’ and its state agencies to implement those responses. The chapter then traces the development of UK crime statistics, looking at the two main sources of UK crime statistics: police recorded crime and the Crime Survey for England and Wales (CSEW).
Chapter
28. Computer misuse
The impact of computer technology on society has been profound and this chapter examines the offences in the Computer Misuse Act 1990 as amended by the Police and Justice Act 2006 and the Serious Crime Act 2015. The focus is on offences relating to computer misuse, including unauthorized access to computer material, unauthorized access with intent to commit or facilitate further offences, unauthorized acts with intent to impair or recklessness as to impairment of a computer, impairing a computer such as to cause serious damage, and making, supplying, or obtaining articles for use in such offences.
Chapter
2. Actus Reus: The Conduct Element
The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. A defendant will be held to have caused a result if but for their actions the result would not have occurred and there has been no intervening act of a third party. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.
Chapter
5. Homicide
This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving—with the first two categories being by far the most important. It considers suicide pacts, mercy killing, and euthanasia; homicide statistics; non-homicide killings; and diminished responsibility. Significant academic and political energy is put into homicide law, considering the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.
Chapter
23. Other offences involving fraud
This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents, and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which they act with a view to gain, there is no reason why they should use false means (evidencing their dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.
Chapter
28. Computer misuse (additional chapter)
David Ormerod and Karl Laird
The impact of computer technology on society has been profound and this chapter examines the offences in the Computer Misuse Act 1990 as amended in the Police and Justice Act 2006 and in the Serious Crime Act 2015. The focus is on offences related to computer misuse, including unauthorized access to computer material, unauthorized access with intent to commit or facilitate further offences, unauthorized acts with intent to impair or recklessness as to impairment of a computer, impairing a computer such as to cause serious damage and making, supplying or obtaining articles for use in such offences.
Chapter
23. Other offences involving fraud
David Ormerod and Karl Laird
This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which he acts with a view to gain, there is no reason why he should use false means (evidencing his dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.
Chapter
2. Actus Reus: The Conduct Element
The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. A defendant will be held to have caused a result if but for their actions the result would not have occurred and there has been no intervening act of a third party. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.
Chapter
5. Homicide
This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving—with the first two categories being by far the most important. It considers suicide pacts, mercy killing, and euthanasia; homicide statistics; non-homicide killings; and diminished responsibility. Significant academic and political energy is put into homicide law, considering the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.
