Demand Property with Intent to Steal

In NSW, the offence of Demanding Property with Intent to Steal carries a maximum penalty of ten years imprisonment. If the offence occurred in the company of another person or persons, it is an aggravated offence, and the maximum penalty rises to fourteen years.

What is Demanding Property with Intent to Steal?

The offence of Demanding Property with Intent to Steal is contained in Section 99 of the Crimes Act 1900 (NSW) which states:

“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.”

The aggravated offence is contained in subsection (2) of the same section, which states: “A person is guilty of an offence under this section 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.”

The demand for property must come with a menace, which is a threat. That threat has to be to an extent that an ordinary person, with ‘normal’ courage and fortitude would be so affected by that threat that they give in, unwillingly, to the demand.

The threat can be made to the victim’s property, and not just their person.

The Court can also find that an implicit threat, based on your conduct, could be a ‘menace’, that is, the threat does not need to be explicitly set out.

The threat or demand does not need to be made in person, for example, sending a letter, text message or message through social media could be enough.

Section 99 of the Crimes Act specifically states that it is not relevant to this section if the menace of violence or injury is by the offender or by another person.

The following acts constitute Demanding Property with Intent to Steal:

• You approach a person on the street and threaten them, demanding that they give you any cash in their wallet;
• Threatening to break someone’s laptop unless they give it to you;
• Texting someone telling them you will hurt them unless they transfer you money.

What Must be Proven?

For a person to be found guilty of Demanding Property with Intent to Steal the Prosecution must prove each of the following matters beyond a reasonable doubt:

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

In order to convict you of the aggravated version of the offence the Prosecution would also need to prove:

• that you were in the company of another person or other persons.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Demanding Property with Intent to Steal

The following defences may be available:

• Necessity
• Duress
• Claim of Right
• That you had no intention to steal the property

Common Questions about Demanding Property with Intent to Steal

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

There is a very high risk of a Gaol sentence for these offences, the majority of people charged with these offences end up with a full time Gaol sentence. It is incredibly important that you get expert advice to assist you if you are facing these kinds of charges. There is a possibility, depending on the circumstances that a different sentence could be imposed, but it is important you get help.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.