(b) in considering whether a wall, fence or hedge is “sufficient”, no regard shall be had to its design or state
of repair as long as it is apparent to a reasonable person that the wall, fence or hedge was intended to
enclose the area of land concerned.
PART III
EXTORTION
133 Interpretation in Part III of Chapter VI
In this Part
“advantage” means any right, interest, profit, indemnity, favour or advantage of any kind whatsoever which
benefits a person, whether lawfully or otherwise, or which a person believes will so benefit him or her;
“exert illegitimate pressure on a person” means to do anything whatsoever which is intended to and does
intimidate that person and, without limiting this definition in any way, includes
(a) to threaten to do something that is lawful for the purpose of extracting an unlawful advantage
from another person; and
(b) to threaten to do something that is unlawful for the purpose of extracting a lawful advantage
from another person.
134 Extortion
(1) Any person who
(a) intentionally exerts illegitimate pressure on another person with the purpose of extracting an
advantage, whether for himself or herself or for some other person, and whether or not it is due
to him or her, from that other person, or causing that other person loss; and
(b) by means of the illegitimate pressure, obtains the advantage, or causes the loss;
shall be guilty of extortion and liable to
(i) a fine not exceeding level thirteen or not exceeding twice the value of any property
obtained by him or her as a result of the crime, whichever is the greater; or
(ii) imprisonment for a period not exceeding fifteen years;
or both.
(2) For the avoidance of doubt it is declared that where a person, for the purpose of inducing or compelling
the payment of any money or property as damages or as marriage compensation in respect of a deceased person,
leaves or deposits the deceased person’s body on any land or premises occupied by another person, or hinders or
prevents the burial of the deceased person’s body, he or she shall be guilty of extortion or, if he or she failed to
induce or compel the payment of any money or property, attempted extortion.
(3) If a court convicting a person of extortion is satisfied that, as a result of the crime, any money or property
was paid to the convicted person, the court may order the convicted person to repay that money or property to the
person who paid it to him or her.
(4) Subsection (2) of section 366 and sections 367 to 375 of the Criminal Procedure and Evidence Act
[Chapter 9:07] shall, with the necessary modifications, apply in relation to any order under subsection (3) as if it
had been made in terms of Part XIX of that Act.
PART IV
F RAUD AND F ORGERY
135 Interpretation in Part IV of Chapter VI
In this Part
“defraud” means to commit the crime of fraud upon a person;
“document or item” means an embodiment of any information, design or other written or depicted matter in
any material form whatsoever that is capable of being read or understood by persons or machines and,
without limiting this definition in any way, includes
(a) coins, banknotes and negotiable instruments;
(b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences, permits, statements of
account and any entry in any book of account;
(c) paintings and other works of art;
(d) documents of a literary or historical nature;
(e) information stored by electronic means that is capable of being printed out or retrieved or
displayed on a screen or terminal;
(f) any three-dimensional item;
“misrepresentation” means any act or omission of any kind whatsoever which wrongly or incorrectly
represents any fact, law, character, circumstance, opinion or other thing whatsoever and, without limiting
this definition in any way, includes
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