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 penal order and punishable under atom 384 for threat to define efficacious power against Seksi who had committed an offence unless a coupling of money paid. Section 382 defined that whoever intentionally inducts each someone in fear of some(prenominal) injury to that person or to either other, and thereby dishonestly induces the person so broadcast in fear to deliver to any person any property or valuable security or anything sign(a) or sealed which may be converted into a valuable security, commit extortion. Under illustration (a) to section 383 examine 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 brim extortion, the re are elements that need to be fulfill. Firstly, the victim was open up in fear of injury to himself or to someone else. The fake injury defines under Section 44 of Penal statute as any harm whatever ilsoundly 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 tender-hearted action. To apply, when Constable Tumpor threatened to take action against Seksi unless Seksi gave him RM10, 000 to keep his brim shut he is consider to be successfu lly put in fear of injury to Seksi within th! e 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 concord with the object of exacting payment of money that is not due, it is an nuisance of...If you want to get a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay