Blackmail

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous convictions
• Offence committed whilst on bail
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
• Victim was particularly vulnerable (where not taken into account at step one)
• Intent to obtain sexual gratification or to procure sexual activity (See step 5 on totality when sentencing for more than one offence)
• Property demanded or obtained is intimate/ sexual images
• Conduct intended to maximise distress and/or humiliation
• Offence committed in context of or in connection with other criminal activity
• Abuse of trust or dominant position or abuse of confidential information
• As a result of the offence victim forced to abuse their position
• Offence involved use or threat of a weapon (where not taken into account at step one)
• Other(s) put at risk of harm by the offending
• Blame wrongly placed on others
• Offence committed in a domestic abuse context (where not taken into account at step one)

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• The offender was in a lesser or subordinate role if acting with others/performed limited role under direction
• No previous convictions or no relevant/recent convictions
• Remorse
• Pregnancy, childbirth and post-natal care
• Difficult and/or deprived background or personal circumstances
• Prospects of or in work, training or education
• Positive character and/or exemplary conduct (regardless of previous convictions)
• Physical disability or serious medical conditions requiring urgent, intensive or long-term treatment
• Mental disorder