Criminal Law

d) Elaborate what offence has been committed by Constable Tumpor? The parties are 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 constituent 384 for threat to take form efficacious power against Seksi who had committed an offence unless a mating of money paid. Section 382 defined that whoever intentionally inducts each individual in fear of either injury to that person or to any other, and thereby dishonestly induces the person so pull 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 devote 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 ground extortion, ther e are elements that need to be fulfill. Firstly, the victim was designate in fear of injury to himself or to someone else. The design injury defines under Section 44 of Penal calculate as any harm whatever il licitly caused to any person, in body, mind, re cast offation 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 merciful action. To apply, when Constable Tumpor threatened to take action against Seksi unless Seksi gave him RM10, 000 to keep his lip shut he is consider to be successfully put i n fear of injury to Seksi within the scope o! f 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 mend with the object of exacting payment of money that is not due, it is an nighttime of...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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