What the law states
Section 99 of the Crimes Act 1900 (NSW) states that:
(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.
The menace or violence does not need to be administered by the person accused of the offence.
As this offence indicates, intent plays a major role in the criminal justice system. There are numerous other offences, just as this one, which place emphasis on the intent to commit an offence. Here, the act of demanding the property is not an offence in itself, however, it is transformed into an offence due to the intent to steal.
Example of this offence
An example of demanding property with the intent to steal includes coercing somebody to lend you their car, with the intention of driving it interstate without returning it; keeping it as your own.
Penalty
The maximum penalty for demanding property with the intent to steal is 10 years imprisonment.
Defences
Some defences available to this offence include duress, necessity, and intoxication.
How can Prime Lawyers help you?
There are generally two ways you can proceed with a criminal charge – plead guilty or plead not guilty. Just because you have been charged with Demand Property with Intent to Steal, does not mean you are guilty.
Our criminal solicitors will first investigate the charge against you and the evidence that the Police have gathered to support their charge. We will then give you clear advice on which way you should plead – guilty or not guilty (ie defending the charge).
If you are pleading guilty to this charge, our aim is to minimise what penalty you receive. It is possible to be imprisoned for this charge and as such we do not take these matters lightly. We will fight to protect your freedom.
If you are pleading not guilty to this charge, our criminal defence lawyers will carefully pick apart the Prosecution’s case against you and advocate for you at court.