BlackmailVolume 2
220.4Bills to enforce unreasonable
R v Williams and Stagg 2012 EWCA Crim 1483 LCJ W pleaded to conspiracy to blackmail, obtaining property by deception, engaging in an aggressive commercial practice and other offences. S pleaded to conspiracy to blackmail and obtaining property by deception (×3). With others, they were involved in a wheel clamping business which entered into contracts with local businesses and services. Vehicles were clamped and cash was demanded. However motorists were never given the opportunity to pay the release fee before the fee escalated. A spotter vehicle was used which would inform the removal vehicle of the location of a parked car. The removal vehicle was dispatched before the owner of the car was aware their vehicle had been clamped. Signs detailing charges were usually partially or fully obscured from view. There was evidence to suggest that young women, particularly those with children, were targeted. The total sum extracted was £3,775. In one incident, a car was lifted by the removal truck with a young woman still inside. The clampers’ van was then driven at the owner of the car as he attempted to prevent the van from leaving. The Judge noted that the men had taken steps to give an impression of propriety, for example the wearing of uniforms and badges. Held. The blackmail was arrogant, bullying and aggressive and involved the deliberate intimidation of victims by up to four men. S played a lesser role and had assisted the police. There was therefore a lesser degree of culpability. For the conspiracy, taking account of totality, for S, 2 years not 3 and W, 3 years not 4. Other sentences to run concurrently.
220.12Kidnapping individuals for ransom/Debt collecting
See also: R v Smickele and Others 2012 EWCA Crim 1470 (Late pleas (20% credit) to blackmail and false imprisonment. Gang of seven took a 14-year-old boy hostage and threatened his mother. Aged 15-18. Demanded £20,000. Held for 36 hours, during which he was beaten, suffered 16 deliberate cuts and forced against a hot pipe. Police intervention rescued the boy. Family decided to move abroad. For those of good character, 7 years not 8. For the rest, 8 years was not manifestly excessive.)*R v Hang and Others 2011 EWCA Crim 2089, 2012 1 Cr App R (S) 91 (p 550) (Pleas to conspiracy to blackmail and conspiracy to kidnap. Full credit. 18-year-old kidnapped. $2m ransom demanded. Tied up and detained for six days. Threatened, beaten, including with a screw driver, and burned with cigarette butts. Carefully planned. Sophisticated. With plea, 12 years not 13 years 3 months.)
*220.15Unsophisticated blackmail
R v Ceesay 2012 EWCA Crim 2075 D pleaded (full credit) to blackmail. He met V, aged 20, through a website and they began dating. He gave V a false name. Their relationship continued for about 9 months until V found that she could not contact D. He subsequently contacted her and said he had been in hospital as he had been beaten up by an ex-girlfriend’s boyfriend. V told D that she was pregnant and they arranged to meet. D did not show up and did not respond to text messages. About a week later, V received text messages stating that her ‘so called boyfriend’ had been kidnapped and £10,000 was being asked for his release. D had provided £9,500 but was unable to raise the final £500. The messages asked for V to pay the £500 or D would be killed. V eventually alerted the police and D was found and arrested. He was seen moving freely around an area of London. D, aged 23, was of good character. Held. There were repeated demands made over a comparatively short period of time. The amount demanded was quite modest and there was no threat to reveal any wrongdoing on V’s part, as is often so common. V was subject to real anxiety over a period of some hours, and 20 police officers were involved in the investigation. Starting at 12 months was appropriate, 8 months not 2 years.
Banks on Sentence Copyright November 2012 No 1
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