where the accused is not "ordinarily a resident in Canada" (s.where the offence involved a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s."for the benefit of, at the direction of, or in association" with a criminal organization (s.a reverse onus) if the offence, prosecuted by indictment, was committed: 503, there will be a presumption against bail (i.e. If police decide to bring the accused before a Justice pursuant to s. 346 have a reverse onus on bail where it has "been committed with a firearm". 515(6)(a)(vii), offences charged under s. He can also be released by a justice under s. 498 or 499 on an undertaking with or without conditions. If arrested, he can be released by the arresting officer under s. 346, the accused can be given a judicial summons without arrest.
#Elements of extortion trial
536(2) to trial to trial in provincial court, superior court with a judge-alone (with or without a preliminary inquiry) or superior court with judge-and-jury (with or without a preliminary inquiry).īefore the Crown can rely on provisions increasing the duration of the weapons prohibition order due to a prior weapons prohibition order notice under s. There is a Defence election of Court under s.
#Elements of extortion code
Offences relating to extortion are found in Part IX of the Criminal Code relating to "Offences Against Rights of Property". Preliminary inquiry also available.Ĥ years incarceration, 5, or 7 years incarceration (firearm) Virginia Criminal Code § 18.2-59.* Must be indictable. The penalty for a conviction for extortion in Virginia is a term of imprisonment for one to ten years, confinement in jail for up to 12 months, and/or a fine of up to $2,500. There is no such offense as blackmail in Virginia. A bona fide claim of right is no defense. Finally, the prosecution must prove that the money or property was actually turned over by the person who was threatened.
Second, the threat must have caused the other person to part with money or some type of property. First, the prosecution must prove that the defendant threatened injury to the person, character or property of another person. The prosecution must prove three elements in order to secure a conviction for extortion in Virginia. The maximum penalty for blackmail is a $1000 fine and/or imprisonment for not more than 5 years. The maximum penalty for a conviction for extortion is a $10,000 fine and/or imprisonment for 10 years. Second, in order to achieve the intended goal, the person needs to threaten either: (1) to accuse the other person of a crime, (2) to expose a secret or asserted fact that could subject the other person to “hatred, contempt, or ridicule,” or (3) to damage the other person’s reputation. That is, the person needs to intend to obtain property from someone else or to cause the other person to do or refrain from doing something. Second, the other person’s consent needs to have been coerced through “actual or threatened violence or by wrongful threat of economic injury.”īlackmail also has two elements. First, the person needs to obtain or seek to obtain the property of another with the person’s consent. There are two elements to the criminal offense of extortion in Washington, D.C. Instead, the threat in blackmail is one of ruined reputation, disgrace, or embarrassment. The threat in blackmail, however, is not of force or violence, either immediate or in the future. It too involves the wrongful taking of another person’s property. If extortion is one step removed from robbery, then blackmail is two steps removed. Extortion is different from robbery in that, instead of threatening immediate force or violence, it threatens future harm, either physical or economic. Like assault, it requires force or the threat of force. Like theft, extortion involves the wrongful taking of another person’s property.
Extortion is similar to robbery in that it combines two other criminal offenses: theft and assault.
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