What is the actus reus that the crown must prove

Reference no: EM133270333

Question - Tom had lost interim custody of his daughter to his partner, Tammy. Tom was upset. In an effort to get at least partial custody of his daughter back, Tom sent a number of texts to Tammy. Some of these texts were pleas to Tammy's emotions. But some of the texts appear to be threatening. In one text, Tom said, "I'll break your neck like you broke my heart. Please take me back and let me see our daughter." Tammy wanted to get support payments from Tom for herself and their daughter. Tom was a high-level executive at a big financial company and made substantially more money than Tammy. Tammy sent Tom a text and told him that if he did not agree to Tammy's financial demands in the family court proceedings, Tammy would go to the police and have him charged for threatening her by text. Tom took a screenshot of the text from Tammy about money and having him charged and decided to report the matter to the police. Based on Tom's statement, Tammy was arrested and charged with extortion pursuant to s. 346 of the Criminal Code.

a) What is the actus reus that the Crown must prove in relation to the extortion charge against Tammy?

b) What is the mens rea that the Crown must prove in relation to the extortion charge against Tammy?

Reference no: EM133270333

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