mcgillianaire | I Don't Like The English Law of Blackmail

"For example, D demands payment from P of a debt threatening to show to P's neighbours and the editor of a Sunday newspaper explicit photographs of P performing an unnatural sexual act if P does not pay. D may believe that he has reasonable grounds for making the demand. D may not know that showing an obscene photograph to another may constitute the offence of publishing obscene matter contrary to section 2 of the Obscene Publications Act 1959. If he believed that showing the photographs was not unlawful, he could only be convicted of blackmail if it was proved that he did not believe that this would generally be regarded as morally and socially acceptable. It is difficult to imagine that D would have a strong chance of success on this point."

I hate the fact it's a subjective test based on what D thinks but it's not as bad as the next part.

"However, if D is a person of low intelligence, poor education & from a social background where it is generally accepted that debts may be enforced by threats, he may genuinely believe his threat to be proper, in which case HE WOULD HAVE TO BE ACQUITTED."

Granted it's just an example in my Criminal Law Textbook but surely you need an objective and not a subjective test.

Or maybe the severe lack of sleep in recent nights is finally catching up with me. Just one more exam to go!!!

(taken from p517, Textbook on Criminal Law by Michael Allen)