Blackmail - debt enforcement
Date Updated: January 2012
Title: Theft
Offence: Blackmail - debt enforcement
Legislation: S21(1) Theft Act 1968
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty: 14 years
Culpability & Harm
- Planning.
- Sophistication.
- More than one offender.
- Repeated demands.
- Target Vulnerable Individuals.
- Force threatened or used.
- Threat carried out.
- Substantial amount demanded.
- Money paid.
- Not genuine debt.
Aggravating & Mitigating Factors
None
Relevant Sentencing Guidelines (If Any)
R v HADJOU (1989) 11 Cr.App.R.(S.) 29
In the calendar of criminal offences blackmail was one of the ugliest and most vicious because it involved what one found so often, attempted murder of the soul. Deterrence was perhaps the most important part of the sentence in such a case.
R v CHRISTIE (1990) 12 Cr.App.R.(S.) 540
Sexual Blackmail
Lloyd L.J.: From a sentencing point of view, the typical case of blackmail perhaps falls somewhere between robbery and simple theft in terms of seriousness. It is usually less serious than robbery because no violence is involved nor the threat of any violence. On the other hand it is clearly more serious than theft because of the mental anguish which is so often caused.
Relevant Sentencing Case Law
Debt Enforcement:
R. V. SIMMONS (1991) 13 Cr.App.R.(S.) 242
Pleaded guilty to two counts of blackmail. The defendant was paid £300 by his employer to ensure repayment of a debt. He threatened the debtor and his family and threatened to damage their house. 21 months.
R v KELLY (1993) 14 Cr.App.R.(S.) 347
Convicted of four counts of blackmail. The defendant was employed as a debt collector. On a number of occasions he forced his way into the debtor's office with two heavies, threatened him and took the money from his pockets. 2 years.
R v SHAH AND SIDHU (1993) 14 Cr.App.R.(S.) 503
The first defendant pleaded guilty to one count of blackmail and the second defendant was convicted of two counts of blackmail. The defendant's made threatening calls to the children of a debtor who had left the country. The second defendant went to the children's home with a dog. The first defendant brought the second defendant into the matter as an enforcer. 15 months for both.
R v GREER AND GREER [2006] 1 Cr.App.R.(S.)
Convicted of blackmail. The defendants were owed £170. They invited the debtor to their home, kicked the door shut, started an electric saw, threatened to cut his throat with a knife. Debtor terrified when giving evidence. 5 years and 3 years.
R v KEWELL [2000] 2 Cr.App.R.(S.) 38
Pleaded guilty to blackmail. The defendant threatened to distribute photographs of his former partner if she did not pay old debts. Grossly improper way of enforcing a legitimate debt. 1 year.
R v HART AND BULLEN [1999] 2 Cr.App.R.(S.) 233
Pleaded guilty to conspiring to commit blackmail. The defendants threatened a debtors' girlfriend and sister to disclose his whereabouts. Plea on the basis of a "business debt" and that weapons found on arrest were not going to be used. 4 years.
R v HAVELL AND MILLER [2006] 2 Cr.App.R.(S.)
Convicted of seven counts of blackmail. Clampers. Ugly offences. 3 years.
R v KILLGALLON AND GRAY [1998] 1 Cr.App.R.(S.) 279 B6-63B13
Convicted of seven counts of blackmail. The defendant tarmac-ed driveways and made threats to enforce exorbitant payments. He obtained £17K. No violence used. 6 years.
Ancillary Orders:
- Restitution
- Compensation
- Specified serious offence within Schedule 1 to SCA 2007 - serious crime prevention order can be made
