The offence of blackmailing is defined in section 21 of the Theft Act 1968 (TA 1968) whereupon Peter has made a demand from Mark who owes him money with express menaces (Lawrence v Pomroy 1971 ), stating that Marvin would be tortured or killed if Mark hasn’t got the money he owes Peter.
The actus reus of blackmailing is established once the demand was made. Menaces, however, is an ambiguous word which was not defined in the TA 1968 but was established in Thorne v Motor Trade Association 1937 as “threats of any action detrimental to or unpleasant to the person addressed". Should Peter’s reputation as being violent to those who crossed him be taken into consideration in establishing his offence of blackmailing towards Mark then? It is doubtful in which Mark has any knowledge of Peter’s reputation as being “formidable" does not constitute to being widely known as having such reputation. However, in relation to Garwood 1987 , blackmail is committed as long as Peter “was aware of the likely effect of his actions on the victim".
In addition, it is to be determined whether Peter’s demand was an unwarranted one. S1(a) of TA 1968 provides that a demand with menaces is unwarranted unless Peter has reasonable grounds in making the demand, as in the case here where Mark owes Peter money. Peter is legally entitled to ask for his money back. S1(b) of the TA 1968 further states that a demand is not unwarranted when the use of menaces is a proper means of reinforcing the demand. In Harrison 2001 [5] , the judge directed the jury that “the test is not what the defendant regarded as justified but what he believed to be proper…" The reasonableness of what Peter believed in his use of menaces for his demand is up for the jury to decide. If, however, it is proved that despite not knowing he’s not legally entitled to use menaces in enforcing his demand [6] , Peter with the requisite mens rea of realising that his use of menaces is socially and morally unacceptable, Peter would be convicted.
The question to be raised next is the relationship between Mark and Marvin. Would Mark suffer any losses if Marvin was tortured and killed? The requirement of the view to gain or intent to cause losses is a limiting factor on the offence of blackmail [7] . Section 34 of TA 1986 illustrates that “’gain’ and ‘loss’ are to be construed as extending only to gain or loss in money or other property… whether temporary or permanent." Mark might not suffer any losses in light of Marvin’s safety being put at stake, especially if Mark is not legally responsible for Marvin, nor would he suffer loss too by paying his debt to Peter. A-G’s Reference (No 1 of 2001) has approved that a person demanding for money undoubtedly owed to him has a view to gain. It is arguable that Peter did not intend to make a gain for himself nor did he intend to cause losses on Mark for demanding what he is legally entitled to.
With section 21(2) of the TA 1986 stating that the nature of act demanded is immaterial, Peter may still be held liable for blackmailing Mark even though his demand is based on a debt legally owed to him as in the process of demanding his debt, Peter has threatened Mark unlawfully.
Blue (verified) check marks are given to only social recognized public figures like athletes, sport player at national levels, actors/directors, youtube popular people and the like (you get the point), as it allows the common people to find the verified account and also to prevent other people to create fake accounts and attract the common people into checking into their profile and gather attention.
There are other ways to prove that you have a genuine account to your friends and relatives check out:about more info on badges but other than that you have no work around, this has been the implementation since their inception.
The Simplest answer is: YOU CAN’T (TLDR version) if you are not famous.
Now Here is the long version:
Blue (verified) check marks are given to only social recognized public figures like athletes, sport player at national levels, actors/directors, youtube popular people and the like (you get the point), as it allows the common people to find the verified account and also to prevent other people to create fake accounts and attract the common people into checking into their profile and gather attention.
There are other ways to prove that you have a genuine account to your friends and relatives check out: about more info on badges but other than that you have no work around, this has been the implementation since their inception.
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