Extortion? What You Can Do?
The act of making unreasonable threats to obtain specific assets, particularly money or property, or threatening to kill or harm an individual to compel the fulfillment of the perpetrator’s demands.
Elements of Extortion
- Threats that cause a person to fear any form of harm to themselves.
- Delivery of property occurs due to the fear induced by the threat.
- Coercion with the intent to wrongfully obtain property through improper means.
1) Threats that cause a person to fear any form of harm to themselves.
To prove extortion under Section 383 of the Penal Code, it must be shown that the threat caused the victim to fear harm—whether physical injury, damage to reputation, financial loss, or another type of harm. This fear must then lead the victim to hand over property, money, or valuable security to the perpetrator.
2) Delivery of property occurs due to the fear induced by the threat.
In the case of Tan Chin Keng v PP (1964) MLJ 316 the issue revolved around whether the victim must be induced by fear of injury to deliver property for extortion to occur. The court highlighted that extortion involves both creating fear and getting the victim to deliver property or valuable items. It also clarified that if the offender truly believes they have a right to demand payment, then their actions aren’t considered as extortion.
3) Coercion with the intent to wrongfully obtain property through improper means.
In the case of PP v Isa bin Johnit (1994) 3 MLJ 218, Isa bin Johnit and others were charged with wrongfully confining Abdul Razak Efendi bin Osman to extort money from his father. The accused argued they were attempting to recover money they believed Abdul Razak owed them, not extorting it. The court acquitted them, holding that extortion requires dishonesty in inducing the delivery of property. Since the accused honestly believed they were owed money and were seeking its return rather than wrongful gain, their actions did not constitute extortion under the Penal Code.
Punishment if found guilty
(Section 384 Penal Code) Anyone found guilty of extortion shall be punished with imprisonment for a term that may extend up to ten years, or with a fine, or with whipping, or with any combination of these penalties.
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