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What is Demand Money With Intent To Steal?

The Local Court provides for up to two years in jail if you are convicted of the Demand Money With Intent To Steal offence.

If you the matter is serious enough to end up in the District Court, you face a maximum penalty of 10 years’ imprisonment.

You could also face a heavier maximum penalty of 14 years’ imprisonment if somebody helps you carry out the offence and the matter is heard in the District Court.

If you are charged, let our responsive team of experts manage your defence. Contact Nott and Co Lawyers. We are the most responsive criminal lawyers in NSW and will get you a straight answer in 24 hours. Best possible outcomes at best fixed fee prices.

Section 99 of the Crimes Act 1900 (NSW) sets out ‘demand property with intent to steal.

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What The Prosecution Must Prove

The following must be proved beyond reasonable doubt:

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

There’s no need to prove that you used violence against the other person or injured them in any way – you can still be charged under section 99 where you simply threatened or intimidated another person into handing over their property.

Defences

If you were compelled or threatened – essentially forced – to demand money with intent to steal, you may use this as a possible defence called duress.

If you took the actions that gave rise to the charge to avoid a greater harm to yourself or somebody else, you may have a defence of necessity.

If mental health issues are involved, there is the possibility you can be diverted out of the criminal justice system and into care.