Demanding with intent to steal Flashcards Preview

010 Violence Offences > Demanding with intent to steal > Flashcards

Flashcards in Demanding with intent to steal Deck (13)
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1
Q

Section

A

239

2
Q

Penalty?

A

239(1) 14 years imprisonment

239(2) 7 years impronsment

3
Q

Ingredients 14 year offence

A

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.

4
Q

Ingredients 7 year offence

A

Every one who, with menaces or by any threat, demands any property from any persons with intent to steal it.

5
Q

Difference between demanding with intent to steal and robbery

A

The conduct required in demanding with intent to steal does not make it robbery as no property is taken or dealt with.

6
Q

Define execute

A

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

7
Q

What else may constituent execution

A

Entry of data into a computer system

8
Q

Define document

A

a thing which provides evidence or information or serves a record

9
Q

Define demand

A

It is sufficient if there is a clear request made firmly.

10
Q

Define menaces o any threat

A

There is no clear difference between the two.

11
Q

What is sufficient to constitute menaces or any threat

A

If the defendants conduct conveys a threat of something detrimental or unpleasant happening to the person whom the threat is made against.

12
Q

What is the difference between Blackmail and Demaning with intent to steal

A

The word any in any threat has its normal meaning so the threats are not restricted to those outlined in blackmail

13
Q

Who must the demand be made to

A

It is not necessary that the demand be made directly to the person who it is directed at.