Demand Property with Intent to Steal: Expert Criminal Defence Lawyers

Demanding property with intent to steal, also known as demand money with menace, is a serious dishonesty offence under New South Wales law carrying a maximum penalty of 10 years imprisonment, rising to 14 years where the offence is committed in company. Unlike robbery, this charge does not require proof that violence was actually used. A demand accompanied by threats or intimidation is sufficient, making it an offence that can arise from conduct that may not seem obviously criminal to those involved. Understanding what the prosecution must prove, the defences available to you, and your legal options is essential if you are facing this charge.

National Criminal Lawyers has successfully defended many clients charged with demand property with intent to steal, and has achieved non-convictions for clients who have entered a guilty plea. Our senior criminal defence lawyers understand the legal complexities of this offence, the evidentiary issues it raises, and the strategic approaches necessary to achieve the best possible outcome.

What Is Demand Property with Intent to Steal?

The offence of demand property with intent to steal arises where a person demands property from another person using menaces or force, with the intention of stealing that property. Critically, the prosecution does not need to prove that any actual violence was used or that the victim was physically harmed. A threat or act of intimidation that causes a person to feel compelled to hand over their property is sufficient.

The offence is sometimes referred to as demand money with menace, reflecting the most common form in which it is charged, but the provision extends to demands for any property, not only money.

Common examples of conduct giving rise to this charge include:

• Threatening a person verbally or physically to hand over their wallet, phone, or other valuables
• Sending threatening messages demanding payment under threat of harm
• Using the presence of others to intimidate a person into surrendering property
• Threatening injury to a person or a third party unless property is handed over

The Law: Section 99 of the Crimes Act 1900 (NSW)

Section 99 of the Crimes Act 1900 (NSW) sets out the offence of demand property with intent to steal and provides as follows.

Under subsection (1), a person who with menaces, or by force, demands any property from any person with intent to steal the same is liable to imprisonment for 10 years.

Under subsection (2), a person who commits the offence in the company of another person or persons is liable to imprisonment for 14 years.

Under subsection (3), it is immaterial whether any such menace is of violence or injury by the offender or by any other person. This means the threat does not need to come from the person making the demand. A threat that a third party will cause harm to the victim is sufficient to establish the menace element.

What Is a Menace?

The nature of the menace required for this offence was considered in the English case of R v Clear [1968] 2 WLR 122, which has been cited in Australian courts. The test for whether a threat constitutes a menace is whether it is of such a 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. The menace need not involve a threat of physical violence. Any threat capable of influencing a person of ordinary stability and courage to comply unwillingly with the demand can satisfy this element.

Jurisdiction

Demand property with intent to steal is a Table 1 offence under NSW legislation. This means the matter is ordinarily dealt with in the Local Court unless the DPP elects to have it dealt with on indictment in the District Court. Where an election is made, the higher sentencing range of the District Court becomes available.

What Must the Prosecution Prove?

Because this is a criminal offence, the burden of proof rests entirely with the prosecution. The prosecution must prove your guilt beyond reasonable doubt, which is the highest standard of proof in the Australian legal system.

To establish demand property with intent to steal, the prosecution must prove each of the following elements beyond reasonable doubt:

• That you demanded property from the victim
• That the demand was accompanied by menaces or force
• That you intended to steal that property

To establish the aggravated in-company offence under section 99(2), the prosecution must additionally prove that you committed the offence in the company of another person or persons.

If the prosecution cannot establish every element to the required standard, the charge cannot succeed. A rigorous, element-by-element examination of the prosecution’s evidence is central to any effective defence strategy.

Defences to Demand Property with Intent to Steal

Challenging Whether a Demand Was Made

The prosecution must prove that a demand for property was actually made. Where the alleged demand is contested on the evidence, or where the communication alleged to constitute a demand is capable of a different interpretation, this element can be challenged.

Challenging the Menace Element

The prosecution must establish that the demand was accompanied by menaces or force meeting the legal threshold. Not all intimidating or unpleasant conduct rises to the level of menace required by section 99. If the alleged threat was not of a nature or extent capable of influencing a person of ordinary stability and courage to comply unwillingly, this element may not be made out. Context, the relationship between the parties, and the precise words or conduct alleged are all relevant.

Challenging Intent to Steal

Intent to steal is a distinct element that the prosecution must prove independently. Where there is a genuine dispute about whether you intended to permanently deprive the other person of their property, for example where the demand related to a genuine debt or where the circumstances do not support an inference of dishonest intent, this element can be contested.

Claim of Right

A claim of right is a recognised defence to dishonesty offences under NSW law. If you genuinely believed you had a legal right to the property demanded, even if that belief was mistaken, this can negate the dishonest intent required for the offence. The belief must be honest, though it need not be reasonable. This defence is often relevant where demands arise from disputed debts or property entitlements.

Challenging the In-Company Element

Where the aggravated charge under section 99(2) is alleged, the prosecution must prove that the offence was committed in the company of another person or persons. If there is genuine doubt about whether others were present and acting in concert with you at the time of the alleged demand, the aggravated charge may not be established, even if the base offence is proven.

Negotiating With Prosecutors

Where the prosecution’s case has identifiable weaknesses, whether in the evidence of the demand itself, the characterisation of the alleged menace, or the intent to steal, National Criminal Lawyers can engage with the police or DPP to seek withdrawal or downgrade of the charge, amendment of the alleged facts, or other favourable resolutions before the matter proceeds to hearing or trial.

Your Legal Options If You Are Charged

National Criminal Lawyers has successfully defended many clients facing this charge and has achieved non-convictions for clients who have entered a guilty plea. The appropriate approach in your matter will depend on the specific facts and evidence involved.

Options available to you include:

• Plea negotiations: NCL will engage with the police or DPP to seek withdrawal, downgrade, or amendment of the charge or the supporting facts
• Pleading not guilty: If the prosecution’s evidence does not establish each element beyond reasonable doubt, NCL will take your matter to hearing or trial and argue that the charge has not been made out
• Disputed facts hearing: If a guilty plea is entered but the alleged facts are contested, NCL can represent you at a disputed facts hearing to seek a less severe sentence
• Guilty plea with submissions: Where a guilty plea with full acceptance of facts is in your best interests, NCL will make strong sentencing submissions seeking that the court not record a formal criminal conviction

Penalties for Demand Property with Intent to Steal in NSW

The penalties available under section 99 of the Crimes Act 1900 (NSW) reflect the serious nature of this offence:

• Standard offence: Maximum 10 years imprisonment
• Aggravated offence (in company): Maximum 14 years imprisonment

Courts take into account a range of factors when sentencing, including:

• The nature of the demand and the menace or force used
• Whether the offence was planned or opportunistic
• The value of the property demanded and whether it was obtained
• The impact of the offending on the victim
• Whether the offending was committed in company and the degree of the accused’s role
• The offender’s criminal history and personal circumstances
• Evidence of remorse and prospects for rehabilitation

The distinction between the standard offence and the aggravated in-company offence can make a significant difference to sentencing outcomes, which is why carefully examining the facts alleged and the evidence supporting the in-company element is an important part of the defence strategy.

Demand Property with Intent to Steal and Related Offences

This charge often arises alongside or in connection with other dishonesty offences or violent offences. Depending on the circumstances, related charges may include:

• Robbery under section 94 of the Crimes Act 1900 (NSW), where force or the threat of force was used to actually take property from the victim
• Extortion offences, where demands are made with threats to cause loss or harm
• Stalking and intimidation, where repeated threatening conduct accompanied the demands
• Document containing threats or using a carriage service to menace, where demands were communicated in writing or electronically

Where multiple charges are laid, National Criminal Lawyers will develop a coordinated defence strategy that addresses each charge and the overall factual narrative, seeking the best outcome across all matters.

Get Expert Defence for Demand Property with Intent to Steal Charges

If you have been charged with demand property with intent to steal in New South Wales, immediate expert legal representation is essential. This offence carries a maximum penalty of 10 years imprisonment, rising to 14 years where the in-company charge is alleged, and the consequences of a conviction can have lasting effects on your employment, your family, and your freedom.

National Criminal Lawyers is a specialist criminal defence firm with offices across Western Sydney, including Parramatta, Blacktown, Liverpool, Bankstown, Penrith, and our head office in Bella Vista. Our senior criminal defence lawyers, headed by principal lawyer Michael Moussa, bring over 25 years of combined criminal law experience to every matter.

Do not face these charges without specialist legal representation. Contact National Criminal Lawyers today on 1800 CRIM LAW for a free, confidential consultation. Our experienced team is available to discuss your case, explain your options, and begin building your defence immediately.

Time is critical in criminal matters. Early legal intervention protects your rights, preserves defence opportunities, and maximises the prospects of a favourable outcome. Get the expert legal representation you need to defend these serious charges and protect your future.