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Stealing property in a dwelling-house with menaces

Offence title:

Stealing property in a dwelling-house with menaces

Act:

149 Crimes Act (NSW)

Offence:

Anyone who steals in a dwelling-house, any property, and uses any menace or threat to any person present, commits an offence.

Penalty:

Imprisonment 14 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court.

How committed:

Person A is invited into a home as a friend and while present, steals money from a wallet that is left unattended owned by Person B. While in the process of the theft, Person B returns to the room. Person A threatens to beat Person B if they try to stop the theft occurring.

Important note:

The difference between this offence and s.112 is that there is no breaking of the seal of the house e.g. opening a window or door, whether locked or not. Entering through an open window or a door ajar is not “breaking the seal”.

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