What is demand property in company with menaces with intent to steal?

This is where a person unlawfully demands property from another person in a menacing way. The definition of menace has been considered in R v Butler [2012] ATSCC 124 at [33] as a being a threat

“of such nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand.”

The threat can be in relation to a person or their property. DPP v Kuo (1999) 49 NSWLR 226

it does not need to be an explicit threat. A court can be satisfied that a person’s conduct constitutes an implicit threat made through an inference.  DPP v Curby [2000] NSWSC 745.

There is no need to prove that violence was used or injury was caused. It is not even necessary that the victim actually hands over their property to the person demanding it. It is sufficient that a person was threatened or intimidated.

The charge is not invalidated if the threat was made by a person accompanying the accused. Nor is the charge negated if it was not made in person. Any form of social media, or a text or even a letter, could constitute a charge of demand property with menaces with intent to steal. Austin v The Queen (1989) 166 CLR 669.

What are my options?

Let us help. Get in Touch.

Appointments can be conducted via:

  • zoom,
  • phone or
  • face-to-face at our office.

World Square
Level 45, 680 George Street,
P: (02) 9145 1262 or 0407 122 230
By appointment only

Leave us a message

This field is for validation purposes and should be left unchanged.