KembaraXtra-Case Law-Collister and Warhurst (1955)
Blackmail
Defendants: Two police officers (D1 & D2)
Victim: V, arrested for importuning.
Key Facts:
D1 told V: "This is going to be very bad for you."
V interpreted this statement as D1 demanding money to avoid reporting the offence.
Legal Principle Established:
An actual, express demand for money is NOT essential for blackmail.
Menaces also need not be express.
Elements of Blackmail (established in this case):
Implied Demand:
If D's demeanour and circumstances would lead a reasonable person to understand a demand for money is being made.
Implied or Express Menaces:
The demand must be accompanied by implied or express menaces that would upset the balance of an ordinary mind.
Significance:
Blackmail can occur even without an explicit verbal demand or threat.
Focus is on the reasonable person's perception and the overall effect of D's actions and words.