Criminal Intimidation

Punishable:

(1) 5 years imprisonment

(2) 10 years imprisonment

Offence Definition

(1) A person commits a summary offence if he or she, without lawful excuse —

(a) threatens another person or other persons (whether individually or collectively) with any injury to —

(i) their person or persons; or

(ii) their reputation or property; or

(iii) to the person, reputation or property of anyone in whom that person is or those persons are interested — with intent –

(iv) to cause alarm to that person or those persons; or

(v) to cause that person or those persons to do any act which that person is or those persons are not legally bound to do; or

(vi) to omit to do any act which that person is or those persons are legally entitled to do—as the means of avoiding the execution of such threat; or

(b) directly or in directly, knowingly causes a threat to be made to another person or other persons (whether individually or collectively) of any injury to (i) their person or persons; or

(ii) their reputation or property; or

(iii) to the person, reputation or property of anyone in whom that person is or those persons are interested — with intent –

(iv) to cause alarm to that person or those persons; or

(v) to cause that person or those persons to do any act which that person is or those persons are not legally bound to do; or

(vi) to omit to do any act which that person is or those persons are legally entitled to do—as the means of avoiding the execution of such threat.

(2) If the threat is—(a) to cause death or grievous hurt; or

(b) to cause the destruction of any property by fire; or

(c) to cause an offence punishable with death or with imprisonment for a term which may extend to 7 years or more; or

(d) impute on chastity to a woman the offender commits an indictable offence (which is triable summarily).

Legislation

Definition & Punishment: Section 375 of the Crimes Decree 2009.

Points to Prove

(a) 1. Threatens another with any injury

2. To their OR someone in whom that person is interested, their person/reputation/property

3. With intent

4. To cause alarm OR cause another to do any act they are not legally bound to do OR omit to do any act which they are legally entitled to do as a means of avoiding the execution of such threat

5. OR directly/indirectly knowingly causes a threat to be made to another of any injury to their OR someone in whom that person is interested, their person/ reputation/property

6. With intent

7. To cause alarm OR cause another to do any act they are not legally bound to do OR omit to do any act which they are legally entitled to do as a means of avoiding the execution of such threat

(b) 1. Threat is to cause death or grievous hurt OR

2. Cause destruction of any property by fire

3. Cause an offence punishable with death or imprisonment for 7 years or more OR

4. Impute on chastity to a woman