ABSTRACT

The same may be said of the person who makes an oral communication which is not heard and, thus, it is submitted, George made a demand, viz, that Paul give him the photographs.

A threat of any action detrimental or unpleasant to the person addressed is capable of amounting to a menace so long as the threat is of sufficient intensity that it would move the ordinary person of normal stability and courage to accede unwillingly to the demand (Thorne v Motor Trade Association (1937); Clear (1968)). Thus, it is unnecessary to know how Paul would have reacted to the threat to demolish his shop. The question – and it is one for the jury – is whether the ordinary person would be influenced by the threat.