The maximum penalty for the offence of demanding property with intent to steal is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
Demand property with intent to steal – section 99(1)
The most common penalty imposed for demand property with intent to steal under section 99(1) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 15 months and the average non-parole period (the minimum term in prison) is 8 months.
Demand property with intent to steal – in company – section 99(2)
The most common penalty imposed for demand property with intent to steal – in company under section 99(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction, then conditional release order without conviction and section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 11 months.
In the Higher Courts
Demand property with intent to steal – section 99(1)
The most common penalty imposed for demand property with intent to steal under section 99(1) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
Accessory after the fact to demand property with intent to steal – section 99(1)
The most common penalty imposed for accessory after the fact to demand property with intent to steal under section 99(1) of the Crimes Act is section 9 bond.
Demand property with intent to steal – in company – section 99(2)
The most common penalty imposed for demand property with intent to steal – in company under section 99(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
Accessory after the fact to demand property with intent to steal – in company – section 99(2)
The most common penalty imposed for accessory after the fact to demand property with intent to steal – in company under section 99(2) of the Crimes Act is intensive correction order and section 12 suspended sentence (repealed penalty).
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