Demand Property with Intent to Steal

The Law

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.

Jurisdiction / Case Law

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 made, 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 [1968] 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 Property with Intent to Steal is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Demand Property with Intent to Steal, 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; and
• That you intended to steal 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.

If you are charged with the offence of Demand Property with Intent to Steal, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Demand Money with Menace charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Demand Property with Intent to Steal:

1. 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;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. 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
4. 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.

Please contact us now for more information about your options.