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Demanding property with intent to steal is an offence under section 99 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Menaces’ means an express or implied threat of any detrimental or unpleasant action
The prosecution does not need to prove violence or injury were involved
‘Steal’ is also referred to as ‘larceny’, which requires proof that:
The maximum penalty increases to 14 years in prison where you were with another person or persons
You are entitled to an acquittal if you had a ‘claim of right’ over the money which means you genuinely believed you were legally entitled to it.
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