Liability: Demanding with intent to steal

Question 1

Demanding 239:
Act, section, penalty, & elements?

Answer 1

Demanding with intent to steal:
CA61 s239(1) 14 yrs

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.

s239(2) 7 yrs

With menace or by any threat
Demands any property
From any persons
With intent to steal it

Question 2

Demanding 239:
What does “execute mean”?

Answer 2

Doing what the law requires to give validity to the document.

Entry of data into a computer program may amount to “execution” of a document.

Question 3

Demanding 239:
List 4 examples of documents that could confer a pecuniary advantage?

Answer 3

(1) Cheques
(2) Airline tickets
(3) TAB tickets
(4) Completed bank withdrawal slips
(5) Insurance claims

Question 4

Demanding 239:
What is required to satisfy the element of “Demand”?

Answer 4

It is sufficient if there is:
(1) A clear request
(2) made firmly

Question 5

Demanding 239:
What is meant by the term “menace”?

Answer 5

Something detrimental or unpleasant

The term is not practically distinguished from a threat.