DEMAND TO STEAL

Question 1

Act, Section, Penalty

Elements

Answer 1

237(1) CA 1961 - 14yrs (238 is penalty)
Threatens, expressly or by implication,
to make any accusation against any person (whether living or dead),
to disclose something about any person (whether living or dead),
or to cause serious damage to property or endanger the safety of any person with intent
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat, and
(b) to obtain any benefit or to cause loss to any other person

Question 2

Threaten, expressly or by implications

Answer 2

Takes ordinary meaning “to make clear an intention”

The threat does not need to be overt but may be subtle and indirect.

Question 3

Disclosure

Answer 3

Revelation of information which would causes serious embarrassment or emotional distress.

Question 4

Obtain

Answer 4

to obtain or retain for himself, herself or any other person

Question 5

Benefit

Answer 5

Does not require a financial element but includes privilege, service or benefit that has no ascertainable monetary value.

Question 6

Pecuniary advantage

Answer 6

Economic advantage or a financial gain or benefit. An enhancement of a persons financial position

Question 7

Priviledge

Answer 7

A special right or advantage and need not be a financial one

Question 8

Valuable consideration

Answer 8

Money or moneys worth

Question 9

Property

Answer 9

Any real or person property, any estate or any interest in any real or person property, any debt, money, electricity or anything in action or any other right or interest

Question 10

Statutory Defence

Answer 10

S237(2)
When the defendant believes in an entitlement to obtain the benefit or to cause the loss AND the threat is objectively viewed as a reasonable and proper means for bringing that about.

The threat is in circumstances a reasonable and proper means for effecting his purpose

Up to the jury to decide if threat is reasonable and proper

Question 11

What you must prove

Answer 11

The identity of the suspect and that they threatened, expressly or by implication to:

• Make any accusation against any person (living or dead) or
• Disclose something about any person (living or dead) or
• Cause serious damage to property or
• Endanger the safety of any person with intent to cause the person to whom the threat is made in accordance with the will of the person making the threat and obtain any benefit or cause loss to any person

Question 12

Demanding intent to steal

Action, Section, Elements

Answer 12

239(1) CA 1961 - 14yrs

Without claim of right
By force or with any threat
Compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage
With intent to obtain any benefit

Question 13

Demanding with Menaces

Action, Section, Elements

Answer 13

S239(2) CA 1961 -7yrs

With menaces or by any threat
Demands any property from any person
With intent to steal it

Question 14

Without claim of right

Answer 14

In relation to any act means a belief at the time of the act in a proprietary and possessory right in property in relation to which the offence is alleged to have been committed, although that belief may be based on ignorance, mistake of fact or any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 15

Execute

Answer 15

Do what the law requires to give validity to the document.
Entry of date into a computer program may amount to execution.
A document is a thing which provides evidence or information or serves as a record

Question 16

Demand

Answer 16

A clear request made firmly