Criminal Law

d) Elaborate what offence has been perpetrate by Constable Tumpor? The parties argon Constable Tumpor is the acc characterd and Seksi is the victim. The uncover is whether Constable Tumpor whitethorn be held liable for extortion as delineate infra parting 383 of penal order and punishable under role 384 for threat to throw off efficacious power against Seksi who had committed an offence unless a wedlock of money paid. persona 382 defined that whoever intentionally inducts each somebody in fear of each disgrace to that person or to every other, and thereby dishonestly induces the person so load in fear to portray to any person any property or semiprecious security or anything sign(a) or sealed which may be converted into a valuable security, commit extortion. to a lower place illustration (a) to section 383 hand that A threatens to publish a defamatory libel concerning Z, unless Z progresss him money. He does induce to give him money. A has committed extortion. To anchor extortion, there are elements that pauperism to be fulfill. Firstly, the victim was get to in fear of defacement to himself or to someone else. The get up injury defines under Section 44 of Penal engrave as any equipment casualty whatever il legitimately caused to any person, in body, mind, re frame upation or property.

Under Section 43 of Penal Code the record 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 retire action against Seksi unless Seksi gave him RM10, 000 to keep his rima oris shut he is convey to be successfully put in fear of injury to Seksi within 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 plus of money paid, constitute injury. This is by virtue of PP v Kang Siew Chong (1968) where the judgeship held that the threat is this case coerce with the object of exacting payment of money that is not due, it is an unjustness of...If you want to get a full essay, order it on our website: Ordercustompaper.com

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