Demand Money with Intent to Steal
The offence of Demand Money with Intent to Steal is found in section 99 of the Crimes Act 1900 (NSW) which deems a person guilty if they, using menaces, or by force, demands any property from another person, with intent to steal the same.
Charged With Demand Money With Intent To Steal?
In New South Wales, the crime of demanding property with the intent to steal is a serious offense, carrying severe penalties upon conviction. Under the law, individuals found guilty of this offense can face a maximum sentence of ten years’ imprisonment. However, if the crime was committed in the presence of one or more other individuals, it becomes an aggravated offense, resulting in even harsher consequences. In such cases, the maximum penalty increases to fourteen years of imprisonment. It’s essential to seek expert legal advice if facing such charges to understand your rights and legal options effectively.
In cases involving the demand for property with intent to steal, the crucial element is the presence of a menace or threat. This threat must be of such magnitude that an ordinary person, possessing average courage and fortitude, would feel compelled to comply unwillingly with the demand. Importantly, the threat can extend beyond harm to the victim’s person and include their property as well.
Moreover, the court may determine that an implicit threat, inferred from one’s conduct, constitutes a menace. This means that the threat does not necessarily have to be explicitly articulated. Additionally, the mode of communication for conveying the threat or demand is not limited to in-person interactions. Sending letters, text messages, or communicating via social media platforms can suffice.
Furthermore, Section 99 of the Crimes Act clarifies that the source of the menace, whether it originates from the offender or another individual, is immaterial in the eyes of the law. This underscores the broad scope of the offense and highlights the seriousness with which such actions are treated by the legal system.
You could be charged with Demand Money with Intent to Steal if you:
- Threaten a course of action for someone to provide you with money
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You demanded money from the victim;
- This demand was accompanied by menaces or force; and
- You intended to steal that money.
What are the maximum penalties for this offence?
The maximum penalties for Demand Money with Intent to Steal in NSW is:
- Ten years imprisonment.
- Fourteen years imprisonment if the offence is committed in the presence of another person.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
What are the Defences?
Individuals facing charges related to demanding money may have several potential defenses at their disposal:
Duress: If you were coerced or compelled to act in a certain manner due to threats or circumstances beyond your control, you may be able to invoke the defense of duress. This defense asserts that your actions were not voluntary but were instead a response to imminent harm or danger.
Necessity: If you can demonstrate that your actions were necessary to prevent a greater harm from occurring, you may have a defense of necessity. This defense argues that although you may have committed the offense, it was done out of a genuine need to avert a more serious or imminent danger.
No Menace or Threat: If it can be shown that there was no actual menace or threat involved in the demand for money, this could serve as a defense. For example, if the alleged threat was not credible or was not communicated in a way that would cause a reasonable person to fear harm, this defense may apply.
No Intent to Steal: If it can be demonstrated that the accused did not have the intention to steal or unlawfully obtain the property at the time of making the demand, this could be a defense. For example, if the demand was made as a joke or without serious intent, this defense may apply.It’s essential to consult with a qualified legal professional to assess the specific circumstances of the case and determine the most appropriate defense strategy.
Will i go to Jail?
Jail: The most severe penalty, involving full-time detention in a correctional facility.
Home Detention: Formerly available as a standalone order, now part of Intensive Corrections Orders (ICO), allowing the serving of a sentence at home under strict supervision.
Intensive Corrections Order (ICO): Replaced periodic detention, requiring compliance with conditions like counseling, abstaining from alcohol, curfews, and community service.
Suspended Sentence: Formerly suspended upon entering a good behavior bond, it’s now obsolete. It entailed avoiding jail if the terms of the bond were upheld, applicable for sentences up to two years.
Community Service Order (CSO): Replaced by Community Corrections Orders (CCO), involving unpaid community work or attending courses like anger management, with eligibility determined by probation service assessment.
Good Behaviour Bond: Replaced by CCO, requiring adherence to specified conditions for a defined period, with a maximum duration of five years.
Community Corrections Orders (CCO): Includes standard conditions like no further offenses and court appearance obligations, with additional conditions at court discretion or subsequent application.
Fines: The amount decided considering financial circumstances, payable by the offender.
Section 10A: Records a conviction with no additional penalty.
Conditional Release Order (CRO): Includes standard conditions similar to CCO.
Section 10 – Avoiding a Criminal Record: Provides an opportunity to avoid a conviction and criminal record upon guilty plea, at the court’s discretion.
Understanding the implications of each penalty is crucial, and seeking legal advice can help navigate through the options available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Facing charges of Demand Money with Intent to Steal?
Barsha Defence Lawyers specializes in defending individuals against such charges with a track record of success. If you’re seeking expert legal representation and personalized guidance, our team is here to help. Take the first step towards protecting your rights by scheduling a free initial consultation with us. Contact Barsha Defence Lawyers today to discuss your case and explore your legal options.