Demanding with intent to steal Flashcards
Section
239
Penalty?
239(1) 14 years imprisonment
239(2) 7 years impronsment
Ingredients 14 year offence
Every one who, 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.
Ingredients 7 year offence
Every one who, with menaces or by any threat, demands any property from any persons with intent to steal it.
Difference between demanding with intent to steal and robbery
The conduct required in demanding with intent to steal does not make it robbery as no property is taken or dealt with.
Define execute
to do what the law requires to give validity to a document, It is not confined to the signing or doing something to the face of a document
What else may constituent execution
Entry of data into a computer system
Define document
a thing which provides evidence or information or serves a record
Define demand
It is sufficient if there is a clear request made firmly.
Define menaces o any threat
There is no clear difference between the two.
What is sufficient to constitute menaces or any threat
If the defendants conduct conveys a threat of something detrimental or unpleasant happening to the person whom the threat is made against.
What is the difference between Blackmail and Demaning with intent to steal
The word any in any threat has its normal meaning so the threats are not restricted to those outlined in blackmail
Who must the demand be made to
It is not necessary that the demand be made directly to the person who it is directed at.