Blackmail & Extortion

Demanding Money with Menaces.

It is an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.

A demand with menaces is  unwarranted unless the person making it does so in the belief  that he has reasonable grounds for making the demand, and) that the use of the menaces is a proper means of reinforcing the demand;

The nature of the act or omission demanded is immaterial and it shall also be immaterial whether or not the menaces relate to action to be taken by the person making the demand. A person guilty of an offence is liable on summary conviction to a fine not exceeding € 2,500 or to imprisonment for a term not exceeding 12 months or to both,  on conviction on indictment to a fine or to imprisonment for a term not exceeding 14 years or to both.

Demanding with Menaces

It is an offence for a person with a view to gain for himself or another or with intent to cause another loss to make an unwarranted demand with menaces. Menaces imply some element of threat, express or implied. What is or is not there is such a demand depends on the circumstances.

A person guilty of the offence may be on summary conviction be subject to a fine of up to €1,270 and up to 12 months imprisonment or both or on conviction on indictment to a fine and imprisonment up to 14 years.

The Demand

The demand need not be made in person. The accused need not be motivated by a desire to gain or intend to cause loss.

The demand may be made verbally or in writing. It need not be complied with nor even actually communicated.  The offence is constituted by making the demand.

The demand may be inferred. The offence may be committed irrespective of the value of what is demanded.

Unwarranted

The demand must be unwarranted.  This effectively means that it is unjustified.  It does not matter that the accused’s belief is unreasonable, provided it is honest.

A demand will not be unwarranted if the defendant has reasonable grounds for making it or believes that it was a proper method of and believed it was a proper method of enforcement.  A demand for payment of a lawful debt by itself is not a demand with menaces simply because it threatens civil proceedings.

Menaces

There must be menaces accompanying the demand.  The menace must have some substantial threat and must not be such as may be disregarded because it is entirely trivial or frivolous.

What constitutes a menace will depend on the circumstances.  Ordinarily, it implies a threat and conduct which would affect a person of average normal courage to be influenced or apprehensive so they may accede to the demand.  The intention required is that the accused / defendant makes a gain or causes a loss to the other.

Menaces may refer to any category of unpleasant consequence.  It may include threats of violence. It may include any other detrimental and unpleasant consequences that may be threatened, such as a threat to do something which would damage reputation. Provided the accused is aware of the likely effect on the victim, there is likely to be sufficient menaces.