Demanding with Intent to Steal etc

Question 1

Section 239, Crimes Act 1961

Answer 1

Subsection (1) - 14yrs imprisonment

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

(Not robbery, as no property is taken or dealt with by defendant)

Subsection (2) - 7yrs imprisonment

(1) With menace or by any threat
(2) Demands
(3) Any property
(4) From any person
(5) With intent to steal it

Question 2

Compels

Answer 2

Requires that the will of the other person be actually overborne. Done by force (use or threatened use of violence) or by a threat.

Question 3

Execute

Answer 3

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

Question 4

Document

Answer 4

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

Question 5

Demand

Answer 5

A clear request, made firmly.

Includes demands made to one person with the intention that it is to be passed on to another person from whom the property is demanded

Question 6

Menaces or any threat

Answer 6

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

Question 7

Intent to steal

Answer 7

The prosecution must show that the defendant acted dishonestly and without claim of right