Criminal Law

d) Elaborate what offence has been committed by Constable Tumpor? The parties argon Constable Tumpor is the accused and Seksi is the victim. The issue is whether Constable Tumpor may be held liable for extortion as defined under parting 383 of guilty order and punishable under particle 384 for threat to play efficacious power against Seksi who had committed an offence unless a labor union of money paid. Section 382 defined that whoever intentionally inducts each someone in fear of all injury to that person or to every other, and thereby dishonestly induces the person so burden in fear to deliver to any person any property or valuable security or anything communicative or sealed which may be converted into a valuable security, commit extortion. Under illustration (a) to section 383 point that A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He does induce to give him money. A has committed extortion. To desolate extortion, there a re elements that need to be fulfill. Firstly, the victim was nominate in fear of injury to himself or to someone else. The cast injury defines under Section 44 of Penal autograph as any harm whatever il level-headedly caused to any person, in body, mind, re gear upation or property.

Under Section 43 of Penal Code the word illegal is applicable to everything which is an offence, or which is prohibited by law, or which furnishes ground for a pitying action. To apply, when Constable Tumpor threatened to take action against Seksi unless Seksi gave him RM10, 000 to keep his backtalk shut he is consider to be succe ssfully put in fear of injury to Seksi withi! n the scope of Section 44 and Section 43 of Penal Code. Besides, when the accused in this case was threaten to use or exercise legal powers against Seksi who had committed an offence, unless a sum of money paid, constitute injury. This is by virtue of PP v Kang Siew Chong (1968) where the court held that the threat is this case answer with the object of exacting payment of money that is not due, it is an offense of...If you want to get a full essay, order it on our website: BestEssayCheap.com

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