Def of extortion
➢ Personal unlawfully and intentionally
obtains an advantage of a patrimonial or non-patrimonial nature
from another person by
subjecting that person to pressure
which then results in the acquisition of that advantage or benefit.
Example of extortion
X threatens Y, that he is going to disclose all of Y’s extramarital affairs
to Y’s wife, if Y does not appoint him as Senior Managing Director of
the company.
Advantage gained by thr accused
➢ It can be either patrimonial or non-patrimonial.
➢ Cyber extortion is also a big focal point now
Case law on advatage that could be gained
J en Von Molendorff
▪ Ruling
* It was held that for this crime the benefit could only be of a
patrimonial nature.
Causal nexus
➢ There must be a causal connection between the exertion of pressure on Y and the eventual acquisition of the advantage by X.
What does threat/ fear imply here?
➢ There must be some pressure exerted on Y.
➢ The threat may be directed to a 3rd party.
Case law on the threats/fears
Jansen
Nkwanyana
Nkwanayana
For a corruption-related charge, the benefit must be “undue” — meaning it wasn’t legally owed.
The charge sheet must clearly state that the benefit was undue.
In this case, although the defence argued the charge sheet was defective, the court found it was properly drafted and gave the accused enough detail to understand the allegation.
Nkwanyana
Facts
* The accused was a policeman and he arrested a female who
was busy making an unlawful substance.
* The accused told the woman’s husband that he needed to give
him money, or he would prosecute his wife.
▪ Ruling
* The threat can be directed at a 3rd party to complete the crime
of extortion.
General rule on the Nature of threat
It can also be a threat not to do something
Case law on the nature of that threat iro extrortion
➢ Komitsi
▪ Facts
* There was a contract between the farmers and the business that their farms would be ploughed regularly.
* Komitsi then went to the farmers and said that he should be
given food and other benefits, or their fields would not be ploughed.
▪ Ruling
* He was found guilty of extortion.
Distinction between roberry and extortion (list elements of robbery)
▪ Always assault + Theft.
▪ Always physical violence or threats of violence.
▪ Threats of personal violence.
▪ Object is theft.
▪ Threat of immediate violence.
Distinction between roberry and extortion (list elements of extortion)
▪ Pressure for Benefit.
▪ It can be any form of pressure, not just violence.
▪ Threats can be directed at 3rd parties.
▪ Object is any form of advantage.
▪ Can be future threats as well as immediate
