CIA Extortion Flashcards
Charge: Extortion
what are the elements to the offence
Extortion (TTK)
s27 CA 1958
prosecution must prove the following 3 elements beyond reasonable doubt:
- The accused made a demand.
- The accused reinforced the demand with a TTK.
- The accused intended the complainant to fear that the threat would be carried out if s/he didn’t comply with the demand.
Appart from extortion offences against a person
(TTK and TTEL)
What other offences can the charge of extortion be adapted to
Extortion offences against property
• Extortion with a threat to destroy property (Crimes Act 1958 s28);
OR
• Extortion with a threat to endanger property (Crimes Act 1958 s28).
Outline the elements of :
Extortion - Threat to Damage Property
- Accused made a demand
- Demand was accompanied by a threat
- to destroy or
- endanger a specified type or property and
- Accused intended the recipient of threat to fear threat would be carried out unles the recipient complied with the demand
Outline what does Specified Property mean re: Extortion
Defined as
- Building
- Railway engine or railway carriage
- Bridge
- Mine
- Aircraft
- Structure in the nature of a building
- Vessel
- MV
Outline the offence of :
Contamination of Goods
s249 CA 1958
Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
A person must not contaminate goods with the intention of causing, or being reckless as to whether or not the contamination would cause -
a) public alarm or anxiety; or
b) economic loss through public awareness of the contamination.