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Demanding property with intent to steal

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

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.

In NSW, a court can impose any of the following penalties for a charge of demanding property with intent to steal.

THE OFFENCE OF DEMANDING PROPERTY WITH INTENT TO STEAL:

The offence of demanding property with intent to steal is set out in section 99 of the Crimes Act 1900 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.”

WHAT ACTIONS MIGHT CONSTITUTE DEMANDING PROPERTY WITH INTENT TO STEAL?

  • 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.

WHAT THE POLICE MUST PROVE:

To convict your Demanding Property with Intent to Steal, the Police must prove beyond reasonable doubt that you:

  • Demanded property from the victim;
  • This demand was accompanied by menaces or force; and
  • That you intended to steal to that property.

To convict you of the aggravated offence of Demanding Property with Intent to Steal 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.

POSSIBLE DEFENCES FOR DEMANDING PROPERTY WITH INTENT TO STEAL:

WHICH COURT WILL HEAR YOUR MATTER?

The offences contained in both subsections (1) and (2) are Table 1 offences. This means that the matter will likely be dealt with in the Local Court, however the DPP or the defendant can elect to have the matter dealt with in the District Court.


Types of penalties:

Jail for demanding property with intent to steal: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Home Detention for demanding property with intent to steal: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive corrections order (ICO) for demanding property with intent to steal: This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended sentence for demanding property with intent to steal As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community service order (CSO) for demanding property with intent to steal: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good behaviour bond for demanding property with intent to steal As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines for demanding property with intent to steal When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 for demanding property with intent to steal avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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