Demanding with Intent to Steal Flashcards

1
Q

Demanding with intent to steal

Section Penalty Elements

A

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
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2
Q

Demanding with menaces

Section Penalty Elements

A

S239(2) CA61, 7 Years Imp

  • With menaces or by any threat
  • Demands any property from any person
  • With intent to steal it
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3
Q

Define ‘claim of right’

A

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.

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