Author: Phillip GibsonCriminal Defence Lawyer Phillip Gibson at our Sydney Office

A case study  by Phillip Gibson, accredited criminal law specialist – Demand Money With Menaces

The Facts:

The client was friends with a young woman who purchased a car after receiving an inheritance. Her boyfriend bought the car using her money and put it in his name as she was only 17 and would have to pay massive insurance costs. When they broke up, he kept the car.

The woman asked the client to recover her car after her former boyfriend threatened her. The accused put the man in the boot of his car and drove to a deserted park (detain for advantage). Armed with a baseball bat, he then forced him to sign over the registration back to the girl (demand money with menaces).  The victim was released unharmed and complained to police. The client’s fingerprints were found on the car used to convey the victim to the park and his DNA was found on the registration papers.

The Result:

Once the brief of evidence was served one of our accredited specialists in criminal law was able to negotiate with the Director Of Public Prosecutions solicitor at a compulsory case conference for the matter to be dealt with by way of plea of guilty in the Local Court with agreed facts. The detain for advantage charge was withdrawn.  The client pleaded guilty to demanding money with menaces.The client was spared a gaol sentence receiving a suspended sentence for 2 years.