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England and Wales Court of Appeal (Criminal Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> Lambert, R. v  EWCA Crim 2860 (15 October 2009)
Cite as:  1 Cr App Rep 21,  Crim LR 576,  EWCA Crim 2860,  1 Cr App R 21
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London, WC2A 2LL
B e f o r e :
MR JUSTICE OPENSHAW
HIS HONOUR JUDGE ROOK QC
(Sitting as a Judge of the CACD)
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Mr M Forster appeared on behalf of the Crown
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"(1) 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—
(a)that he has reasonable grounds for making the demand; and
(b)that the use of the menaces is a proper means of reinforcing the demand.
(2) 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."
"... there is no basis in law for Mr Parish's submission that the demander must be instrumental in authorising the action to be taken. That is contrary to the very heart of the offence, an unwarranted demand accompanied by menaces. It being irrelevant whether the menaces relate to action taken by the demander or somebody else, and it also being irrelevant whether the demander is in any position to effect menace. It is how the demand and menace affects the victim that matters."