Notes on Extortion and Related Case Law

Definition of Extortion

• Per Section 346 (1) of the Criminal Code, extortion involves:
  • Inducing or attempting to induce someone to act through threats, accusations, menaces, or violence.
  • Guilt constitutes an indictable offence.

Penalties for Extortion

• First Offence: 5 years imprisonment
• Second or Subsequent Offence: 7 years imprisonment
• Enhanced penalties if a firearm is involved.

Key Elements of Extortion

• Actus Reus:
  • Engaging in threats, accusations, or violence.
  • Inducing victims under duress.
• Mens Rea:
  • Intention to instill fear/pressure to obtain something beneficial.
  • Absence of legal justification for the act.

Definitions of Relevant Terms

• Threat: Intention to inflict harm or damaging consequences as leverage.
• Accusation: Claims suggesting wrongdoing, used to coerced compliance.
• Menace: A display of intent to harm, contributing to the coercive environment.

Case Law Rulings

• R. v. Davis [1999]:
  • Conviction for extortion where sexual favors were obtained through threats.
  • Courts deemed that consent was invalid due to coercion.
  • Set a precedent for future extortion cases involving sexual favors.
• R. v. R.L.B. [1992]:
  • A case of extortion with threats involving intimate images.
  • Highlighted the seriousness of threats and the acceptable consequences.
  • Original sentence reduced but still maintained jail time for the crime.

Conclusion

• Both cases illustrate the legal landscape surrounding extortion and reinforce the criminal nature of coercive actions.
• Understanding extortion encompasses both the physical element of the act and the psychological manipulation involved.