embezzlement and extortion Flashcards
what is embezzlement
Deliberate appropriation to one’s own use and purpose of property entrusted to one by the owner, or other, in such a way as to confer the status of a quasi-owner, for the purposes of dealing with that property and accounting for one’s dealings with it to that owner
what are the five elements of the actus reus of embezzlement
- Appropriation
- Property
- Already in possession
- With authority of another
- Obligation to account
why must the owner give authority to the accused to deal with property
it’s demonstration of quasi - ownership
case for authority is required for the AR of embezzlement
HMA v Laing 1891
case of lack of honesty in accounting and case facts
Edgar v Mackay 1926
- Facts led to the conclusion that money was dishonestly appropriated
- No reasonable explanation
what are the two elements of the mens rea of embezzlement
- Deliberate intention to appropriate must be proved or inferred from facts
- Dishonesty
case and facts of MR of embezzlement not satisfied
Allenby v HMA
- Money paid into a common fund was used for other purposes
- BUT, no evidence that A had acted dishonestly - he kept careful and accurate records of all transactions
case and case facts for risk to owner may satisfy the mens rea
- HMA v Wishart 1975
- Solicitor used his client’s money to credit the firm’s account with a stockbroker
- Paying the money to stockbroker amounted to appropriation
- Intention to place clients’ money at risk, or acting recklessly towards funds owed to them - sufficient for MR
what is extortion
A is guilty of extortion if they ‘make a demand of V that is backed by a threat that the V should…’
- Act to the advantage of A
- To another person
- To V’s disadvantage
what is extortion commonly referred to as
blackmail
what is the crime of uttering threats
Demand backed by threat to make the V coerced into acting to the advantage of another
case and facts for crime of uttering threats
- HMA v Donoghue & Another
- Artworks stolen and money demanded in exchange for their return
- But there was no threat included in the demand for money, so no extortion
case and case facts for threats don’t have to be illegal
- Rae v Donnelly
- Dispute between employees
- Complainer was dismissed and brought proceedings against the company for wrongful dismissal
- She was asked to drop her action in return for A to keep silent about her affair
- This was extortion
case and case facts for legal entitlement is no defence
- Black v Carmichael 1992
- No defence to a charge of extortion that the A was merely demanding something that he was legally entitled to
- Enforcement of payment of debt by a means other than a legally legitimate one is extortion
