Introduction

In New South Wales, trying to take someone else’s stuff by making threats or using force is a big no-no. The law, tucked away in section 99 of the Crimes Act 1900, warns that if anyone demands property from another person with the intent to nick it, they could face some hefty punishments. This shows just how seriously the law treats these shifty actions. It’s like a kangaroo caught in a headlight; you really don’t want to be caught in this mess. Knowing this might just save someone from a world of trouble, so it’s smart to keep on the straight and narrow.

Actions that might constitute demanding property with intent to steal include making a demand for property accompanied by a menace or force, with the prosecution needing to prove beyond a reasonable doubt the intent to steal. Given the potential for imprisonment and a criminal conviction, seeking legal advice from experienced criminal law lawyers is crucial if you are facing a charge of demanding property with intent to steal. Equipping yourself with this knowledge will offer you confidence in these scenarios. 

Defining Demanding Property with Intent to Steal

Legislative Basis of the Offence

The offence of demanding property with intent to steal is legislated under section 99 of the Crimes Act 1900 (NSW). This section specifies that an individual who, through menaces or force, demands any property from another person with the intent to steal, commits an offence. This legislative provision clearly establishes the foundation for prosecuting this type of criminal offence.

Actions That Constitute Demanding Property with Intent to Steal

Several actions can be classified as demanding property with intent to steal. The core components of this offence involve a demand for property accompanied by either menaces or force.

To understand what actions might constitute this offence, consider the following points:

• Demand for Property: There must be a clear demand for property from another person. This demand is the initial step in the offence, indicating the offender’s objective to obtain property.
• Menaces or Force: The demand must be accompanied by menaces, which are essentially threats, or by the use of force. The presence of menaces is crucial, and it’s defined broadly.
  • A menace is considered a threat that could cause an ordinary person of normal courage to unwillingly give in to the demand.
  • The threat can be explicit or implicit, meaning it doesn’t need to be directly stated but can be inferred from conduct.
  • Menaces can include threats to harm the victim’s property, not just the person themselves.
  • It is also immaterial whether the menace of violence or injury comes directly from the offender or another person.
• Intent to Steal: A critical element is the intent to steal the property. This intent aligns with the legal definition of larceny, requiring proof of several elements:
  • Taking and carrying away property.
  • The property belonging to someone else.
  • Lack of consent from the owner to take the property.
  • A dishonest intention to permanently deprive the owner of their property.

It’s important to note that the prosecution is not required to prove that actual violence or injury occurred for the offence of demanding property with intent to steal to be established. The threat itself, if credible and coercive enough to influence an ordinary person, is sufficient.

Key Elements the Prosecution Must Prove

Demand for Property

To secure a conviction for demanding property with intent to steal, the prosecution must first prove beyond a reasonable doubt that the accused made a demand for property from another person. This means the police must demonstrate that the offender communicated a clear request or expectation for property to be handed over by the victim. The demand must be directed at a specific person from whom the property is sought.

Accompanying Menaces or Force

In addition to proving a demand for property, the prosecution must also prove beyond a reasonable doubt that this demand was accompanied by either menaces or force. Menaces are defined as threats, whether express or implied, of detrimental or unpleasant actions. These threats must be significant enough to influence the mind of an ordinary person, who possesses normal courage and stability, causing them to unwillingly give in to the demand. It is important to note that the threat can be directed at the victim’s property, not just their person. Furthermore, the menace does not need to be explicitly stated; it can be implicit based on the offender’s conduct.

Intent to Steal

Finally, the prosecution must prove beyond a reasonable doubt that when demanding the property, the accused had the specific intent to steal it. In legal terms, ‘steal’ is akin to ‘larceny’. This requires demonstrating that the offender intended to permanently deprive the owner of their property, and that this action was dishonest and without the owner’s consent. Therefore, the prosecution needs to establish that the accused’s objective was to unlawfully take possession of the property with no intention of returning it.

Maximum Penalties for the Offence

Standard Maximum Penalty

In New South Wales, the offence of demanding property with intent to steal is considered a serious criminal offence. Under section 99 of the Crimes Act 1900 (NSW), a person who demands any property from another person using menaces or force, with the intent to steal, is liable to a maximum penalty of imprisonment for ten years. This maximum penalty reflects the seriousness of the offence of demanding property with menaces, highlighting the potential for a lengthy sentence if found guilty. The prosecution must prove beyond a reasonable doubt that the offender demanded property with the intent to steal, accompanied by menaces or force, to secure a criminal conviction.

Aggravated Offence Maximum Penalty

The maximum penalty increases if the offence is committed in the company of another person or persons. Committing the offence of demanding property with intent to steal in company is considered an aggravated offence under subsection 2 of section 99 of the Crimes Act 1900 (NSW). For this aggravated offence, a person found guilty is liable to imprisonment for a maximum penalty of fourteen years. To secure a conviction for the aggravated offence, the prosecution must prove beyond a reasonable doubt that the offender committed the offence in the company of another person or persons, in addition to proving the elements of the standard offence. This higher maximum penalty of fourteen years imprisonment acknowledges the increased seriousness when the offence is committed with another person.

Potential Defences to the Offence

Defence of Duress

Duress can be a defence if you were compelled to commit the offence of demanding property with intent to steal due to threats or circumstances beyond your control. This defence argues that your actions were not voluntary because you were responding to imminent harm or danger. If you were coerced to act in a certain way because of threats from another person, you may be able to argue duress.

To successfully use duress as a defence, you would need to demonstrate that:

• You were threatened with injury or detriment of any kind.
• The threats were such that an ordinary person of normal courage and fortitude might be influenced or made apprehensive to accede unwillingly to the demand.
• Your actions were a direct result of these threats.

Defence of Necessity

Necessity can be argued as a defence if your actions in demanding property were necessary to prevent a greater harm from occurring. This defence suggests that while you committed the offence, it was done to avert a more serious or imminent danger. If you can prove your actions were necessary to prevent a greater harm, you may have a valid defence of necessity.

For the defence of necessity to apply, it generally needs to be shown that:

• Your actions were taken to prevent a greater harm.
• There was a real and imminent danger.
• Your actions were a reasonable response to the danger.

Claim of Right

A claim of right can be a defence if you genuinely believed you had a legal right to the property you demanded. This means that if you had an honest belief that you were entitled to the property, even if that belief was mistaken, it could negate the element of intent to steal. If you genuinely believed you were legally entitled to the property, you are entitled to an acquittal.

To utilise the claim of right defence successfully, you must demonstrate that:

• You had a genuine belief that you were legally entitled to the property.
• This belief was honestly held at the time of the demand.

It is important to seek legal advice specific to your matter if you are considering using any of these defences. Experienced criminal law lawyers can provide advice specific to your situation and help you present a case to challenge the prosecution’s claims.

Conclusion

Demanding property with menaces with intent to steal is a serious criminal offence in New South Wales, as outlined in section 99 of the Crimes Act 1900 (NSW). This offence involves demanding any property from another person using menaces or force, combined with the intent to steal that property. The prosecution must prove beyond a reasonable doubt that there was a demand for property, accompanied by menaces or force, and a clear intent to steal. Committing this offence can lead to significant penalties, including imprisonment, reflecting the severity with which the legal system views such actions.

Given the serious nature of a charge of demanding property with intent to steal and the potential for a criminal conviction and imprisonment, seeking legal advice is crucial. If you are facing such charges, it is important to get in touch with experienced criminal law lawyers today to understand your options and ensure you have expert legal representation to present your case effectively. Contact Daoud Legal today for a consultation.

Frequently Asked Questions