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LWB238 - Wk4 - Extortion

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Extortion Definition/Punishment: WRITE: Extortion is defined/created and punished in s415 (1) as when a person who with intent to extort or gain any property or benefit or the performance of services from any person with threats of injury or detriment of any kind, if the demand is not complied with and is punished with 14 years imprisonment unless aggravated under s415(4). Discuss Aggravating if relevant. Aggravating: S415(4): if the carrying out of the threat would be likely to cause: (a) loss of life or serious personal injury to any person; or (b) substantial economic loss in any industrial or commercial activity whether conducted by a public authority or private enterprise; offender is liable for life imprisonment. S415(5): Any prosecution aiming to rely on these aggravations will need the consent of the AG. N.B. Cannot be guilty of threatening yourself, if it is property you are the sole owner of: s415(2). APPLY ELEMENTS TO FACTS: 1. Does [accused] have an intention to extort or gain any property or benefit or the performance of a service from any person? Must be something that is seen as a gain to the person receiving it: R v Blazina e.g. Gun pointed at doctor’s head for a morphine shot: R v Beavens 2. Has [accused] made a demand for property or benefit or performance of services? Demand can be either written s415(1)(a) or orally s415(1)(b). 3. Deman
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