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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”.