Lambert, R. v

Lambert, R. v

It is immaterial whether the alleged blackmailer pretends to be the victim or aggressor; the statutory language of section 21 covers unwarranted demands with menaces regardless of the role played, and the facts established both elements.

Parties
Respondent: Regina; Appellant: Lewis Lambert
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Criminal Appeal / Application for Permission to Appeal and Substantive Appeal
Outcome
appeal dismissed
Legal Topics
Blackmail, Section 21 Theft Act 1968, Unwarranted Demand, Menaces
Criminal Law Blackmail Section 21 Theft Act 1968 Unwarranted Demand Menaces

Case Brief

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Parties

Regina

Respondent

Lewis Lambert

Appellant

Procedural Posture

Criminal Appeal / Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether posing as a victim constitutes blackmail under section 21 of the Theft Act 1968
  2. 2 Whether the demand was unwarranted
  3. 3 Whether menaces were present when the alleged blackmailer pretended to be the victim

Ratio Decidendi

It is immaterial whether the alleged blackmailer pretends to be the victim or aggressor; the statutory language of section 21 covers unwarranted demands with menaces regardless of the role played, and the facts established both elements.

Court Disposition

appeal dismissed

Orders

  • permission to appeal granted
  • appeal dismissed