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Demanding Property with Intent to Steal

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:

  1. You demanded money from another person
  2. You did so with menaces or by force, and
  3. You intended to steal the money.

‘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:

  1. You took and carried away property
  2. The property belonged to another
  3. You did not have the owner’s consent
  4. Your intention was to permanently deprive the owner of the property, and
  5. Your actions were dishonest

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.

Duress and necessity are also defences to the charge.

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