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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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S. 34(2)(a) Theft Act 1968 defines gain and loss as including

Resolved Question:

S. 34(2)(a) Theft Act 1968 defines 'gain' and 'loss' as including only gain or loss of money or other property. This would exclude from the remit of blackmail demands of a sexual nature. However, generally property of some kind can be found to exist:

What does this term in laymen terms actually mean?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

The exact definition is as follows:

“gain” and “loss” are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and—
(i)“gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and
(ii)“loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has;

The above would mean that only gains and losses of money or property are covered by that Act and not sexual offences
Customer: replied 3 years ago.

Is that true for blackmailing though?

Expert:  UKSolicitorJA replied 3 years ago.
Blackmail is covered in S. 21 of that Act which provides as follows:

(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.

(3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.

Customer: replied 3 years ago.

I know but is that statement which I asked true?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, I would say demands of a sexual nature are not within the remit of blackmail as per the Theft Act.

All the best
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