With a maximum penalty of three years imprisonment, it is against the law to demand property using threats if the person doesn’t comply with the demand. An example of this would be threatening to physically injure someone if they do not give you their property. This offence is closely related to Robbery but is considered a lesser offence.
Below we outline the offence of demanding property with menaces as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Section 414 of the Criminal Code states any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to the other person, either by the offender or by any other person, if the demand is not complied with, is guilty of a crime, and is liable to imprisonment for 3 years.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused had the intent to steal the property
- The accused demanded the thing from another person
- The accused threatened to injure or cause detriment to the person, either by themselves or by another person, if the demand wasn’t complied with.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Maximum penalty
The Maximum penalty for the offence is three years imprisonment.
Which court will hear the matter?
This matter is an indictable offence and is heard in the District Court.
Possible defences to Extortion
Possible defences to this criminal offence include but are not limited to
- Duress
- Necessity
- Intent
- Intoxication
- Identification
Have you been charged with this offence?
It’s important you get in touch with an experienced criminal law firm to discuss your options following a charge of Demanding Property with Menaces. Your choice of legal representation is a crucial one.
Contact the team at Potts Lawyers today for a confidential consultation at either our Brisbane or Gold Coast offices. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.