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7.4.16.2 - Checklist: Extortion

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:

  • Extortion with a threat to injure (Crimes Act 1958 s27);
  • Extortion with a threat to endanger life (Crimes Act 1958 s27);
  • Extortion with a threat to destroy property (Crimes Act 1958 s28); or
  • Extortion with a threat to endanger property (Crimes Act 1958 s28)

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

See Also

7.4.16 - Extortion

7.4.16.1 - Charge: Extortion