CIA Extortion Flashcards

Charge: Extortion

1
Q

what are the elements to the offence

Extortion (TTK)

s27 CA 1958

A

prosecution must prove the following 3 elements beyond reasonable doubt:

  1. The accused made a demand.
  2. The accused reinforced the demand with a TTK.
  3. The accused intended the complainant to fear that the threat would be carried out if s/he didn’t comply with the demand.
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2
Q

Appart from extortion offences against a person

(TTK and TTEL)

What other offences can the charge of extortion be adapted to

A

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).

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3
Q

Outline the elements of :

Extortion - Threat to Damage Property

A
  1. Accused made a demand
  2. Demand was accompanied by a threat
    • to destroy or
    • endanger a specified type or property and
  3. Accused intended the recipient of threat to fear threat would be carried out unles the recipient complied with the demand
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4
Q

Outline what does Specified Property mean re: Extortion

A

Defined as

  • Building
  • Railway engine or railway carriage
  • Bridge
  • Mine
  • Aircraft
  • Structure in the nature of a building
  • Vessel
  • MV
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5
Q

Outline the offence of :

Contamination of Goods

s249 CA 1958

A

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.

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