Voir la source de Extorsion (jurisprudence des peines)

[[en:Extortion (Sentencing Cases)]]
{{Currency2|January|2023}}
{{LevelZero}}
{{HeaderSentCases}}
{{OffencesBoxMini|Extorsion }}

==Offence Wording==
<div class="mw-collapsible mw-collapsed">
{{quotation2|
; Extortion
346 (1) Every one commits extortion who, without reasonable justification or excuse and with intent to obtain anything, by threats, accusations, menaces or violence induces or attempts to induce any person, whether or not he is the person threatened, accused or menaced or to whom violence is shown, to do anything or cause anything to be done.
<br>
; Extortion
(1.1) Every person who commits extortion is guilty of an indictable offence and liable
:(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
::(i) in the case of a first offence, five years, and
::(ii) in the case of a second or subsequent offence, seven years;
:(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
:(b) in any other case, to imprisonment for life.
<br>
; Subsequent offences
(1.2) In determining, for the purpose of paragraph (1.1)(a) {{AnnSec3|346(1.1)(a)A}}, whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
:(a) an offence under this section;
:(b) an offence under subsection 85(1) or (2) {{AnnSec0|85}} or section 244 {{AnnSec2|244}} or 244.2 {{AnnSec2|244.2}}; or
:(c) an offence under section 220 {{AnnSec2|220}}, 236 {{AnnSec2|236}}, 239 {{AnnSec2|239}}, 272 {{AnnSec2|272}} or 273 {{AnnSec2|273}}, subsection 279(1) {{AnnSec2|279(1)}} or section 279.1 {{AnnSec2|279.1}} or 344 {{AnnSec3|344}} if a firearm was used in the commission of the offence.
<br>
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
<br>
; Sequence of convictions only
(1.3) For the purposes of subsection (1.2) {{AnnSec3|346(1.2)A}}, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
<br>
; Saving
(2) A threat to institute civil proceedings is not a threat for the purposes of this section.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 346; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 46; 
{{LegHistory90s|1995, c. 39}}, s. 150; 
{{LegHistory00s|2008, c. 6}}, s. 33; 
{{LegHistory00s|2009, c. 22}}, s. 15.
{{Annotation}}
|{{CCCSec2|346}}
|{{NoteUp|346|1|1.1|1.2|1.3|2}}
}}
</div>
==Case Digests==
{{SCaseHeaderLong}}

{{SpanYear2|2022}}
{{SCaseLong|{{CanLIIR-S|Curtis|jsn9s|2022 NLSC 154 (CanLII)}}{{perNLSC|O'Brien J}} |{{NL}}|SC| {{suspended}} | {{FindSummaries|jsn9s}} {{keywords|}} }}

{{SpanYear2|2021}}
{{SCaseLong|{{CanLIIR-S|Glegg|jl5mr|2021 QCCQ 12635 (CanLII)}}{{perQCCQ|Provost J}} |{{QC}}| PC| | {{FindSummaries|jl5mr}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Jorgensen|jd6z0|2021 QCCQ 655 (CanLII)}}{{perQCCQ|Hebert J}} |{{QC}} | PC| {{JailM|30}} |{{FindSummaries|jd6z0}} {{keywords|}} }}

{{SpanYear2|2018}}
{{SCaseLong|{{CanLIIR-S|Widdifield|hqj9l|2018 BCCA 62 (CanLII)}} |{{BC}}|CA | | {{FindSummaries|hqj9l}} {{keywords|}}}}

{{SpanYear2|2017}}
{{SCaseLong|{{CanLIIR-S|Fattore|h37xs|2017 ONSC 2410 (CanLII)}}{{perONSC|Dunphy J}} |{{ON}}| SC| suspended | "Mr. Fattore committed extortion by threatening to make a complaint to the Law Society of Ontario if the owner of a paralegal firm did not pay him money. Mr. Fattore pleaded guilty and was remorseful. He had no prior criminal record. He was a young man who had recently graduated from law school and was about to embark on his career. The sentencing judge found that he posed a low risk for reoffending and had excellent chances of rehabilitation. Mr. Fattore was given a suspended sentence and placed on probation for 18 months."[https://canlii.ca/t/jsn9s#par15] {{FindSummaries|h37xs}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Hunt|hpgqn|2017 CanLII 86655 (NL PC)}}{{perNLPC|Gorman J}} | {{NL}} |PC| {{JailM|9}} | {{FindSummaries|hpgqn}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Rahimi|h4w7f|2017 BCCA 223 (CanLII)}}{{perBCCA|Bennett JA}} |{{BC}} |CA| {{JailM|6}}| " accused was convicted of the offences of attempting to procure the complainant to become a prostitute and extortion. The British Columbia Court of Appeal indicated that the accused “was involved in an intimate relationship with the complainant. The complainant was described by the judge as ‘a drug-addicted, vulnerable and troubled 16 or 17-year-old girl’. After the relationship broke up, and over a period of one day, Mr. Rahimi repeatedly sent text messages to the complainant demanding that she pay him $7,000 that he claimed he spent on her during their relationship.  If she did not have the money, he expected her to work as a prostitute to pay him back, or he would turn her over to a person she believed was a Triad gangster who would treat her badly, or Mr. Rahimi would harm her.”"[https://canlii.ca/t/hpgqn#par38] {{FindSummaries|h4w7f}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Saikaley|h3p4c|2017 ONCA 374 (CanLII)}} |{{ON}}|CA| {{JailY|1}} (extortion) | "the accused was convicted of numerous offences, including the offence of extortion.  The accused had loaned money to the victim and in order to encourage repayment, he told the victim that he was going to send “a couple of my lads over to your place to collect the paperwork.” The Ontario Court of Appeal concluded that a period of one year of imprisonment was an appropriate sentence for this offence." [https://canlii.ca/t/hpgqn#par40] {{FindSummaries|h3p4c}} {{keywords|}}}} 

{{SpanYear2|2013}}
{{SCaseLong|{{CanLIIR-S|Violette|fvsjg|2013 BCCA 31 (CanLII)}}{{perBCCA|Saunders JA}} |{{BC}}|CA | {{JailY|4}} | Offender also sentenced for possession of firearm (2 years). He was a member of the Hells Angels criminal organization. {{FindSummaries|fvsjg}} {{keywords|}}}}

{{SpanYear2|2009}}
{{SCaseLong|{{CanLIIRP-S|Ste. Marie|23tmv|2009 ABCA 177 (CanLII)|487 AR 153}}{{TheCourtABCA}} |{{AB}}|CA | {{JailM|15}} |{{FindSummaries|23tmv}} {{keywords|}} }}

{{SpanYear2|2007}}
{{SCaseLong|{{CanLIIR-S|Vonhiltgen|1rb9h|2007 BCSC 601 (CanLII)}}{{perBCSC|Ehrcke J}}|{{BC}}|SC | {{JailM|9}} | {{FindSummaries|1rb9h}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Rode|1v1ds|2007 ABCA 393 (CanLII)}}{{perABCA|Hillier J}}|{{AB}}|CA| {{MaxCSO}} | also charged with assault , unlawful confinement;  Joint Recommendation sentence {{FindSummaries|1v1ds}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-SN|Eveleigh|[2007] N.J. No. 411}} | {{NL}} |PC| {{JailY|3}} (robbery)<br>{{JailY|1}} (extortion) | Convicted of attempted robbery and extortion. [https://canlii.ca/t/hpgqn#par35]   {{keywords|}} }}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIR-S|Adrian|4qnm|2001 ABPC 40 (CanLII)}}{{perABPC|Daniel J}}|{{AB}}|PC |{{JailY|4.5}} | offender entered the hotel room of the victim and demanded $700 owed for drugs;  The offender and an accomplice took the victim to where they might get money; at each location, the victim was beaten for failing to get the money; victim taken back to hotel, beat him and stabbed him in hand. {{FindSummaries|4qnm}} {{keywords|}} }}

{{SpanYear2|1996}}
{{SCaseLong|{{CanLIIR-S|L(YH)|2ddgb|1996 ABCA 240 (CanLII)| AR 395}}{{perABCA|Hunt JA}}|{{AB}}|CA |{{JailY|2.5}} | offender threatened serious bodily harm and death to the complainant, his wife and child, over 1.5 years, in order to extort $22,000; offender claimed to legitimately be owed the money. {{FindSummaries|2ddgb}} {{keywords|}}}}

{{SpanYear2|1992}}
{{SCaseLong|{{CanLIIR-S|RLB|2dtkr|1992 ABCA 243 (CanLII)| AR 216 (Alta C.A.)}}{{perABCA|Hetherington JA}}|{{AB}}|CA | {{JailM|9}} | age 47; offender threatened to publish sexually explicit photographs of his ex-wife to extort forgiveness of child support; appealed from 2 years; images acquired through trust {{FindSummaries|2dtkr}} {{keywords|}}}}

{{SCaseEnd}}