Demand Property With Intent To Steal

It is an offence to ‘demand property with intention of stealing the property from a person.

 

THE LAW

Section 99 of the Crimes Act 1900 (NSW) sets out ‘demand property with intent to steal and states:

(1) Whosoever, with menaces, or by force, demands any property from any person, with intent to steal the same, shall be liable to imprisonment for ten years.

(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) It is immaterial whether any such menace is of violence or injury by the offender or by any other person.

There’s no need to prove that you used violence against the other person or injured them in any way – you can still be charged under section 99 where you simply threatened or intimidated another person into handing over their property.

 

The nature and elements of the offence of Demand Money with Menace were considered in the case of R v Clear [1968] 2 WLR 122. Here the test of whether the threat is a menace is whether it is;

“of such nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand.

 

MAXIMUM/POSSIBLE PENALTIES

If you use menace or force to demand property from another person to steal it, you could be punished with imprisonment up to 2 years (if heard in the Local Court) or maximum penalty of 10 years’ imprisonment (if heard in the District Court). You could also face a heavier maximum penalty of 14 years’ imprisonment if somebody helps you carry out the offence and the matter is heard in the District Court.

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

In NSW, a court can impose any of the following penalties for a Demand Money with Menace charge of:

• Full-time Imprisonment;
• An Intensive Correction Order (ICO);
• A Community Correction Order (CCO);
• A Conditional Release Order (CRO).

 

THE FACTS THAT MUST BE PROVEN

To establish Demand Money, the prosecution must prove each of the following matters beyond reasonable doubt;

• You demanded property from the victim; and
• This demand was accompanied by menaces or force; and
• That you intended to steal to that property.

 

DEFENCES

Some of the possible defences available for those charged with Demand Money can include:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”;
• If your actions were necessary to prevent a greater harm from occurring, you may have the defence of “Necessity”.
• If you had a claim of right to the property; or
• It was not you that did the act as charged.

 

CHOICES AT LAW OPTIONS

Some of the possible defences available for those charged with Demand Money can include:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.