Crimes Against The Community I (2)

Recap: AoJ Crimes

Which crime is committed? • 12 men accused in the Caprivi treason trial interrupted court proceedings by singing and shouting slogans while the court was in session (2006). The men sang and shouted: “Viva Caprivi”; “Viva Muyongo”; “Viva Mamili”. The presiding judge had to order the police to remove all the suspects from the courtroom. (1 Crime)

Which crime is committed? • In 2005 a rape charge was laid against a certain Const. Hangula at the Tsumeb Police Station. The complainant, however, withdrew the charge shortly thereafter. It came to light that the complainant had allegedly been approached with an offer of payment if she agreed to withdraw the charge. In the aftermath of that, it is further transpired the docket on the investigation of the charge against Hangula disappeared while in the care of the Tsumeb Police. Upon investigating the disappearance it was found that Detective Inspector Abner Ag as and Detective Sergeant Kaypiti also being charged orchestrated the disappearance of the docket. (1 + 3 crimes)

Crimes against the Community 1. 2. 3. 4.

Corruption Extortion Drug Offences Unlawful possession of firearms or ammunition

1. Extortion Consider the following: • X1, a court interpreter contacted Y, a medical doctor with an offer that if the doctor paid him N$40 000, he would hand the doctor a file of documents which formed the basis of allegations that the doctor had been submitting fraudulent claims to the Public Service Employees Medical Aid Scheme (PSEMAS). The doctor alerted the Police. X admitted to the police his wrongdoing and informed the police that he was assisted by X2, who worked as a casual interpreter at the Windhoek Magistrate Court, who provided him with a Justice Ministry rubber stamp. A rubber stamp was found at X2’s home in Khomasdal when the police searched the premises after his arrest.

Elements of the crime 1. 2. 3. 4.

the acquisition of a benefit by applying pressure a casual link (between the pressure and the benefit) 5. unlawfulness 6. intention

Discussion a. The perpetrator • Any person • Not just public officials b. Exertion of pressure • Form = inspiring of fear; intimidation; threats with defamation; dismissal from employment; treats of prosecuting a 3rd person; etc. • Treat of physical injury (Y) = extortion overlaps with robbery!

Discussion (continues) c. The benefit • Both patrimonial and non-patrimonial • Examples? d. Causation • between the pressure and the benefit • Benefit handed over in a traps? • Crime?

Discussion (continues) e. Unlawfulness • Even police officers may commit the crime f. Intention • X must not the entitled to the benefit • Motive irrelevant!