WHAT IS Demand Money With Menace?
It is an offence to ‘demand property with intent to steal.
An offence of Demand Money with intent to steal is what is known as a “Table 1” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).
The nature and elements of the offence of Demand Money with Menace were considered in the case of R v Clear  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.
What must the prosecution prove?
Since Demand Money with intent to steal is a criminal offence, the burden of proof lies on the Prosecution.
That is a high standard of proof that the prosecution must achieve before someone can be convicted of Demand Money.
To establish Demand Money, the prosecution must prove each of the following matters beyond reasonable doubt;
- Demanded property from the victim;
- This demand was accompanied by menaces or force; andand
- That you intended to steal to that property.
To convict you of the aggravated offence of Demanding Property in Company, the Police must prove beyond reasonable doubt that you were in the company of another person or persons as well as the above.
154F of the Crimes Act 1900 (NSW) states:
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
If you are charged with the offence of Demand Money what are your options?
National Criminal Lawyers have been successful in defending a number of Demand Money with Menace charges where the prosecution could not establish each of the elements of Demand Money with Menace.
We have also one of the best non-conviction lawyers Sydney has to offer.
NCL offer the following options for those who have been charged with Demand Money;
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Fequently Asked Questions
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
If you use menace or force to demand property from another person in an attempt to steal it, you could be punished with a prison sentence of 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.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.
National Criminal Lawyers have defended hundreds of people charged with Demand Money and are experts at these hearings.
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”.
In NSW, a court can impose any of the following penalties for a Stealing a Motor Vehicle or Vessel charge.
- Prison sentence
- Home Detention
- Intensive correction order (previously periodic detention)
- Suspended sentence
- Community service order (CSO)
- Good behaviour bond
- Section 10
However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:
- Full time Imprisonment
- New ICO (ICO) with a home detention condition available
- New Community Correction Order (CCO)
- New Conditional release Order (CRO)
For more information, please visit our dedicated page on Penalties.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.
2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.
If you have been charged with any Stealing a Motor Vehicle or Vessel offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.
For one of Australia’s Best Criminal Lawyers, please contact us now for a first FREE consultation. on 02 9893 1889.