Joint Property Taking with Threat of Violence and Fraud
Mr. Khao and Mr. Khiao jointly entered a premises with the intention of purchasing goods. Mr. Khao used a knife to threaten Mr. Daeng to open a drawer and take money, but it was discovered that there was no money present. While Mr. Khiao presented a check for cash withdrawal from the bank, which resulted in a withdrawal of 100,000 Baht, Mr. Khao continued to detain Mr. Daeng at the restaurant, threatening him. Mr. Daeng hired individuals or exhibited suspicious behavior near Mr. Khiao, who subsequently withdrew money from the bank and returned it. Both Mr. Khao and Mr. Khiao then absconded with the cash. What offenses did Mr. Khao and Mr. Khiao commit?
The use of a knife by Mr. Khao to threaten Mr. Daeng to open the drawer and take money constitutes a response.
It was discovered that there was no money in the drawer. Mr. Khao then compelled Mr. Daeng to sign a check for payment of money, which constitutes an immediate intent to deprive Mr. Daeng of his property. Given that Mr. Khao continued to detain Mr. Daeng while withdrawing money from the bank, to facilitate fraudulent activity, the actions of Mr. Khao and Mr. Khiao constitute jointly taking property by force, as defined in Section 339(3) and Section 83 of the Criminal Code.