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.
(2) A person is guilty of an offence under this subsection 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.
(3) It is immaterial whether any such menace is of violence or injury by the offender or by any other person.
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.
In order to be classified as committing an offence ‘in company’, there must be others present with you whilst you are committing the crime. They do not necessarily need to participate in the crime directly, however, if they have a mere persuasive effect upon you despite the distance from the crime, it can still be considered as ‘in company’.
Example of this offence
An example of demanding property with the intent to steal in company includes coercing somebody, whilst in the presence of another who is also coercing or has a persuasive effect on the situation, to lend you their car, with the intention of driving it interstate without returning it and keeping it as your own.
Penalty
The maximum penalty for demanding property with the intent to steal is 14 years imprisonment.
Defences
Some defences available to this offence include duress, necessity, and intoxication.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with Demand Property with Intent to Steal in Company. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.