Crimes against property + freedom of will Flashcards
Part 2
Extortion
What is extortion?
: When a person unlawfully and intentionally obtains some advantage which may be either patrimonial or non-patrimonial from another by subjecting the person to pressure which induces the person to hand over the benefit or the advantage.
> there must be a causal link between the pressure and the victim acting and granting the prepertrator the advantage that he is demanding.
Extortion
What did the Jansen case state regarding extortion?
threatend the complainant with physical harm if he did not give him a certain amount of money. He was then charged with extortion. It was argued in defence of the accused that the charge sheet was defective because it did not mention that the advantage or benefit was not due to the accused (J).
The court held that the charge sheet had not established the crime of extortion and held that there is a firm requirement that the advantage is undue.
E
Extortion
What did the Lepheana case state regarding extortion to 3rd parties?
The threat can also extend to 3rd parties. Thus the threat of harm does not have to be dircted at Y (directly) but can be directed to Y family. (This is one of the main explicit distinctions between the crime of extortion and the crime of robbery).
Extortion
What did the Mntonintsi case state regarding the positive+negative nature of extortion?
**Principle illustrated: The nature of the threat can be both positive and negative. Thus a threat can be that something would not happen, also constitutes as placing some pressure on Y. **
Facts: There was a contract between farmers and the governement in the Transkei. The goverment would see to the plowing of their farms on a regular and the farmers would pay the government for this service.
The accused then at some point informed these farmers that he was an employee of the govement. He told the farmers that he would not plow their fields unless they give him money, alcohol etc. So the threat or pressures consisted of a negative nature. These farmers were not indebted to this employee, they were indebted to the government. The accused was charged with extortion.
His defence was that the threat was negative in nature and thus did not amount to extortion. But it was held that threat in terms of extortion can also consist of something that is not going to happen unless the Y submits to the pressure/threat.
Fraud
What is the crime of fraud?
Fraud consists of the unlawful and intentional making of a misrepresentation causing actual or potential prejudice for another.
The core elements of fraud are (1) misrepresentation, (2)that causes prejudice (can be actual or potential prejudice), (3) unlawful and (4) intentional.
Fraud
What did the Van der Berg case state regarding fraud?
The accused was an employee at the bank, and she had a secret code and she entered this code into the computer system in terms of which R800 was deposited into her husband account.
She through this action created an misrepresentation to the bank that the bank owed her hsuband this R800 when in reality they did not. She was charged with fraud and found guilty. As the moment the money was deposited into her husband’s account, the crime was completed.
Fraud
What did the Deetleefs case state regarding the crime of Fraud?
Facts: Accused purchased a truck from the complainnat and paid for the truck with a past dated cheque. He arranged that this cheque be paid out on a specific date of the month, whilst the accused was well aware that he did not have the funds in his account.
When the date arriaved and the complainant submitted the cheque for withdrawal, the cheque was dishonoured and it bounced.
Fraud
What did the Brande case state regrading fraud?
The accused counsin worked at a newspaper and they publsihed a cross-word puzzle in this newspaper, as they were running a competition. The accused got the answers from his counsin and entered the competition in which he won the competition.
The info came out that he got the answers from his counsin and was found to have made a misrepresentation.
He falsely made a representation that he won fairly. This constituted as a misrepresentation by way of omission because failed to disclose that he had prior knowledge of the answers, which caused potential prejudice to the newspaper. He was thus charged and convicted of fraud.
Fraud
What did the Shaik case state regarding the role of potential prejudice and fraud?
Facts: There was an irregular writing off of debt in the company’s account and was communicated to the companies accountant.
Principle: Irregular writing off of debt in company’s books of account equates to false representation. The fact that it was communicated to company’s own accountant is no excuse: potential prejudice for shareholders and receiver of revenue
Fraud
What did the campbell case state regrading potential prejudice and fraud?
- -X dealt with diamonds and wanted to sell diamonds (valued at R70 000). He approached X to sell the diamonds to and had glass pieces that resembled diamonds but were not real diamonds. He was however unaware of the fact that X was a police official. Thus the had actually set a trap for C.
- C was charged with fraud and found guilty.
- The principle that the court held were that for one to be guilty of fraud, it is not a requirement that there be actual prejudice. All that is required is potential prejudice, thus the risk of prejudice by C misrepresentation.
Fraud
What did te Francis case state regarding attempted fraud?
- Facts: F had a number of jewellary that were of a high value and one day he decided to go bury all this jewellary in his graden.
- He then phoned the insurance company and told them that someone had broken into his car and stolen all the jewellary.
- The insurance company mentioned that before theu can payout the amount, F is required to submit proof of tampering with the car.
- At this point it was clear that there was a misrepresentation by F, but there was no prejudice yet. (As the insurance had not started proceesing the payout of the insurance claim).
- Later that day, F took a screwdriver and tried to tamper with the door of his car. At this point, F was not arrested.
- F was charged with fraud, but the court held that although there was a misrepresentation from the start, there was no prejudice suffered as yet by the insurance company at this point. As claim was not processed.
- Due to this reason, F actions amounted to potential fraud.
- *
Forgery +Uttering
What is the crime of forgery?
Forgery consists of the unlawful and intentional creating of a false document, with the intention to defraud, and causes actual or potential prejudice to another.
Forgery+ Uttering
What did the Joubert case state regarding the crime of forgery?
- J went to a shop to purchase items, and he presented the shop owner with a letter. The letter porported to be a letter from Mr N, who allegedly agreed to pay all the expenses of J shopping.
- J purchased a lot of items with this false letter. He was charged with forgery, and was found guilty. The court held that he created a document porporting to be something which it was not.
- In creating this document and presenting it to the shop owner, there was prejudice that would be suffered by the shop owner.
Forgery+Uttering
What is the crime of uttering?
Uttery occurs where this false document is submitted to another party with the intention to mislead/defraud, which can cause actual or potential prejudice.
