Demanding with Intent to Steal

Question 1

Demanding with intent to steal

Section/Penalty/Elements

Answer 1

CA 61; S239(1)
14 years imprisonment

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

Question 2

Demanding with menaces

Section/Penalty/Elements

Answer 2

CA61; S239(2)
7 years imprisonment

1. With menaces or by any threat
2. Demands any property from any person
3. With intent to steal it

Question 3

Claim of right

Answer 3

CA61;S2

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, or mistake of fact or of any other matter of law other than the enactment against which the offence is alleged to have been committed.

Question 4

Execute

Answer 4

To do what the law requires to give validity to the document.

Question 5

Document capable of conferring a pecuniary advantage

Answer 5

CA61; S2:

A thing which provides information or evidence or serves as a record.

A document capable of conferring a pecuniary benefit if it could do so in certain circumstances, even if those conditions are not likely to occur.

Question 6

Demand

Answer 6

A clear request made firmly. It is not necessary that the demand be communicated to the person to whom it is directed.

Question 7

Menaces or any threat

Answer 7

If words or conduct convey a threat of something detrimental or unpleasant happening to the person to whom the threat is made.

Threats to harm a third party can suffice for the offence.

Question 8

Intent to steal

Answer 8

Acting dishonestly and without claim of right.