Criminal Law II by 林Karen https://padlet.com/karenling99/mv9132n5lsrbnvjz WLW20703 Topic: Extortion en-us 2020-05-01 17:28:03 UTC 2025-02-24 16:58:51 UTC hello@padlet.com https://padlet.net/icons/png/2696.png karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545330772 2020-05-02 09:48:55 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545330772 Ling Hsiu Ann Karen 012018090287 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545635226 2020-05-02 14:36:52 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545635226 Extortion is... karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545700647 Define as the practice of obtaining something, usually money through force, threat, or blackmail. 
- Implied Threat
- Expressed Threat/ Unlawful Demand
Extortion can be arrested without a warrant and is not bailable.
Extortion is also defined in the Malaysian Penal Code under Section 383.]]> 2020-05-02 15:28:04 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545700647 Type of Extortion under Penal Code karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545702305 http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Penal%20Code%20%5BAct%20574%5D2.pdf                                                     (Page 207 Onwards)                                 ]]> 2020-05-02 15:29:31 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545702305 Elements of Extortion karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545702769 1. The accused has put any person in fear of any injury to the person or any other

2. The accused has intentionally caused that fear or injury to any person

3. The accused has induced that person to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security

4. The inducement was done with dishonesty]]> 2020-05-02 15:29:56 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545702769 Lee Choh Pet v PP karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545762354 Facts: The accused kidnapped the complainant’s son and asked for ransom money without knowing his son has already been killed, he paid the ransom money.

Held: The court held that he was not liable for extortion as that ransom money paid for no consideration (child). However, the accused is liable for other offences.
]]> 2020-05-02 16:16:30 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545762354 Section 385 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545764350 Putting a person in fear of injury in order to commit extortion]]> 2020-05-02 16:18:12 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545764350 Section 386 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545764668 Putting a person in fear of death or grievous hurt]]> 2020-05-02 16:18:29 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545764668 Section 387 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765074 Putting a person in fear of death or grievous hurt in order to commit extortion]]> 2020-05-02 16:18:52 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765074 Section 388 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765196 Extortion by threat of accusation of an offence punishable with death, or imprisonment]]> 2020-05-02 16:18:59 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765196 Section 389 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765371 Threatening to accuse a person of an offence punishable with imprisonment in order to commit extortion]]> 2020-05-02 16:19:07 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545765371 Test to identify Real Threat karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545772764 Objective Test   (Reasonable Man Test)
- What would ordinary person will react in that situation?

Subjective Test 
- Any specific conditions would be taken into considerations.
]]> 2020-05-02 16:25:32 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545772764 General Punishment karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545806452 Section 384 of Penal Code; the  defendant will be liable to imprisonment maximum 10 years, or fine, or whipping, or with any two of such punishment. 


]]> 2020-05-02 16:53:22 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545806452 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545832067 2020-05-02 17:15:33 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545832067 Example of Extortion.. karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545978238 If a person demands, for example 'protection fees' in exchange for physical protection towards the victim, it is consider as extortion. This shows unnecessary and unlawful action to obtain money. For example, Ah Long is from a gangster group, he demanded the owner of a hawker stall to pay him money in exchange for protection towards his shop or else he would cause a  commotion at his shop. Receiving such threat and in fear of his shop getting damaged, the owner of the hawker stall had to give him money. This is an example of extortion, although this rarely happens in our daily lives.]]> 2020-05-02 19:53:29 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545978238 Conclusion karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545980012 As a conclusion, It is the crime of extortion under the color of official right for a public official to obtain any kind of benefit for private third-party. This simple law in our country is often violated everyday by the legal community, which has turned the criminal justice system into a racket where prosecutors threaten criminal prosecutions unless defendants pay. Those with higher status and power usually get away with it and leaving vulnerable one to bare the crime.
Extortion is more odious than robbery, for robbery is apparent and hath the face of crime, whereas extortion puts on the virtue.

]]> 2020-05-02 19:55:51 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/545980012 In my opinion, karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546005734 Extortion can happen to us anytime in our lives without any warning or even without us knowing, we have to be cautions to who we meet online or the people who approach us or the people surrounding us daily. Understanding the facts and knowledge about extortion could help us to avoid such occurrence on ourselves, knowing who and what kind of reliable sources could that we can trust should be able to prevent such bad events happening on us. Extortion could also happen in an indirect way from people who are close with us but we just don't acknowledge it. The constant unlawful demand or unreasonable demand for gifts or monetary considers as extortion, if its not mutual nor voluntary. ]]> 2020-05-02 20:27:25 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546005734 Example case that is NOT Extortion [Vincent Lee v R] karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546011444 Facts: : The accused is a volunteer police rank constable. He come across someone who possessed “Chandu” (form of drugs) and he extort him to arrest him.

Held : The court held that it is not an extortion as;
1. He is not an official police officer, he was just merely a volunteer police,
2. He does not possessed the same power as a real police officer.
]]> 2020-05-02 20:34:33 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546011444 Beh Tuck Seng v R (1947) karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546016805 Facts:  The appellant approached the complainant and said that he wanted to collect old money for expenses. He further said that “Everyone here has joined, what about you?” The complainant who was the stall holder took this as threat and fear that if he did not paid, he would be beaten or the stall will be ruined. Thus he paid the money.

Held: Court held that it is clear that the complainant was put in fear and that he was induced to hand over the money. The appellant is liable for extortion. 

]]> 2020-05-02 20:41:28 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546016805 Tan Cheng Kooi v PP karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017140 Facts: The accused and few other had formed a partnership in producing porn film. The complainant later changed his mind, leaving the accused angry as he afraid the complainant will sabotage their illegal act. Then, the accused demanded payment of RM50 as compensation. However, complainant only deliver RM30 and later he went to the police station and reported extortion.

Held: The accused was liable for extortion as their nature of illegal business would harm who involved trying out to escape the business. 
]]> 2020-05-02 20:41:57 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017140 R v Abdul Kader Valad Bala Abuji (1866) karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017433 Facts: The accused had purchased from the government some rights with respect to the gathering of firewood. He misconstrued the extent of the right and demanded payment from the complaints for some wood that they had gathered.

Held:  He was found guilty of extortion on a number of grounds including the absence of dishonesty. Even in his belief was unfounded, he did not intend wrongful gain or loss. ]]> 2020-05-02 20:42:25 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017433 Emperor v Ramnarian Sahu (1933) karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017684 Facts: A minor was forced to make a credit note. The credit note was regarded as a valuable security by the court.

Held: Accused was guilty for extortion.]]> 2020-05-02 20:42:46 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546017684 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546030297 2020-05-02 20:58:59 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546030297 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546171567 Rubrics]]> 2020-05-03 01:31:32 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546171567 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546174294 An example of blackmailing shows in the video below. ]]> 2020-05-03 01:39:05 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546174294 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546175987 Here are comparisons between Criminal Intimidation & Extortion as they might have similar meaning. This gives a rough idea on how Extortion is. It also gives you a better overview on Extortion. ]]> 2020-05-03 01:43:52 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546175987 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546487971 2020-05-03 09:25:14 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546487971 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546494669 2020-05-03 09:29:43 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546494669 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546515051 2020-05-03 09:43:53 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546515051 karenling99 https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546544380 2020-05-03 10:03:46 UTC https://padlet.com/karenling99/mv9132n5lsrbnvjz/wish/546544380