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Click here for a word version of this document for adaptation
This checklist is designed for use where it is alleged that the accused committed extortion with a threat to kill (Crimes Act 1958 s27). It can be adapted for use where the accused is charged with:
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Three elements the prosecution must prove beyond reasonable doubt:
1. The accused made a demand; and
2. The accused reinforced the demand with a threat to kill; and
3. The accused intended that the complainant would fear that the threat would be carried out if s/he didn’t comply with the demand.
Demand
1. Did the accused make a demand?
If yes, go to 2
If no, then the accused is not guilty of Extortion
Threat to kill
2. Did the accused reinforce the demand with a threat to kill?
If yes, go to 3
If no, then the accused is not guilty of Extortion
Intention that complainant fear that threat be carried out
3. Did the accused intend that the complainant would fear that the threat would be carried out if the demand was not met?
If yes, then the accused is guilty of Extortion
(as long as you answered yes to questions 1 and 2)
If no, then the accused is not guilty of Extortion
Last updated: 4 December 2012