Our experienced criminal law solicitors have prepared a brief overview of the law relating to demanding property with menaces with intent to steal. If you or someone you care about is facing a charge of demanding property with menaces with intent to steal, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit our DISHONESTY OFFENCES.
Demanding Property with Menaces with intent to steal – The Law
Section 414 of the Criminal Code of Queensland creates the offence of demanding property with menaces with intent to steal. The section provides:
Any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to the other person, either by the offender or by any other person, if the demand is not complied with, is guilty of a crime..
Elements of the offence
To be found guilty of the offence of demanding property with menaces with intent to steal, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- The accused with intent to steal;
- Demands the thing from a person;
- With threat of injury or detriment if the demand is not complied with
The maximum penalty for the an allegation of demanding property with menaces with intent to steal is three (3) years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of demanding property with menaces with intent to steal is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the Supreme Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of demanding property with menaces with intent to steal. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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