SU 2 Flashcards
What is Extortion?
Extortion is the unlawful and intentional obtaining of some advantage, which may either be patrimonial or non-patrimonial nature, from another person by subjecting the latter to pressure which induces him to hand over the advantage.
Elements of Extortion
- Acquisition of Advantage
- Benefit
- By applying pressure
- Causal link
- Unlawfulness
- Intention
Acquisition of Advantage
The crime is not completed if the advantage is not handed over.
Benefit
Can be patrimonial or non-patrimonial.
By Applying pressure
Can be threats of harm or intimidation.
Causal link
There must be a causal link between the pressure applied and the advantage obtained.
Intention
The intention is to obtain some advantage and must know that the threat is illegal.
What us Abduction?
A person commits abduction if he or she unlawfully and intentionally removes an unmarried person under the age of 18 years, from the control of his or her parents or guardian and without consent with the intention of him or her or somebody else marrying or having sexual intercourse with the minor.
Elements of Abduction
- Removal
- Unmarried minor under the age of 18
- From the control of parents or Guardian
- With the intention of marrying or having sexual intercourse with the minor,
- Without consent of the parents or Guardian
- Unlawfulness
- Intention
Removal?
Removal from the control of parents or Guardian.
Unmarried minor under the age of 18
Section 17 of the Children’s Act considering anyone below the age of 18 as a minor.
From the control
Parents are always in control of their children. There is no abduction if parents give out their control completely.
With the intention….
The mere intention to commit the crime is sufficient.
Removal must be permanent or for a substantial period of time.
Without consent
If one spouse is in custody, his or her consent is necessary.
Unlawfulness abduction
- Prima facie unlawful.
- Justification might be by necessity.
