Demanding with Intent to Steal

Question 1

Demanding with intent to steal

Section Penalty Elements

Answer 1

S239(1) CA 61, 14 Years Imp

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 2

Demanding with menaces

Section Penalty Elements

Answer 2

S239(2) CA61, 7 Years Imp

With menaces or by any threat

Demands any property from any person

With intent to steal it

Question 3

Claim of Right

Answer 3

S2 CA61

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 4

Actions of the Defendant

Answer 4

Defendant used force or threats to cause another to create, alter, or deal with a document which is capable of conferring a pecuniary advantage

Not robbery as no property is taken

Question 5

Execute

Answer 5

do what the law requires to give validity to the document.
Not confined to the signing or doing something to the face of the document
May include entry of data in a computer programme

Question 6

Document capable of conferring a pecuniary advantage.

Answer 6

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

Cheques, airline tickets, TAB tickets, bank withdrawl slips, insurance claims.

Question 7

Demand

Answer 7

clear request, made firmly.

Not necessary that the demand is communicated to the person to whom it is directed.

Question 8

Intent to Steal

Answer 8

prosecution to show the defendant acted dishonestly and without claim of right.

Question 9

Menaces or Any threat

Answer 9

Any threat, is not restricted to threats identified in Blackmail

Unclear any practical difference between menace or threat

Sufficient if words or conduct convey threat of something detrimental or unpleasant happening to the person to whom the threat is made, can be unidentified third party.

Question 10

Offence complete when

Answer 10

Threat is made with the necessary intent