Robbery Offences
Robbery differs from larceny by involving the element that the victim must be compelled by violence or fear of violence to submit to the theft (Smith v Desmond [1965] AC 960). This means that the offender does not need to apply force. It is enough that the offender by his or her conduct, put the victim in fear of violence (R v King (2004) 59 NSWLR 515).
Being charged with robbery can be an overwhelming time for you and can put a hold on your life and future. Our team of experienced criminal lawyers has the knowledge, intuition, and proven track record necessary to effectively protect your innocence. If you have any further questions in regards to robbery offences or want to discuss your situation with proficient and experienced lawyers, contact NSW Criminal Lawyers – Defending You at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Robbery or Stealing From a Person
Robbery occurs if a person steals and immediately before or during the act of stealing, a person also uses force or threatens to use force. Robbery is an offence under section 94 of the Crimes Act 1900 (NSW). Harsher penalties may apply if the offence is committed in circumstances of aggravation or if you wounded or inflicted grievous bodily harm on any person at the time of, or immediately after, the offence. These aggravated offences of robbery are under sections 95 and 96 respectively, of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You robbed or assaulted another person intending to rob any person or
You stole any chattel, money, or valuable security from another person
What are Circumstances of Aggravation?
Circumstances that (immediately before, or at the time of, or immediately after the robbery, assault, or larceny) involve any one or more of the following:
You used corporal violence on any person, meaning physical injury to another person
You intentionally or recklessly inflicted actual bodily harm on any person. Injuries that can amount to actual bodily harm include scratches and bruises (McIntyre v R (2009) 198 A Crim R 549). The harm does not have to be permanent but must not be “merely transient or trifling” (R v Donovan [1931] KB 498).
You deprived any person of his or her liberty. This involves detaining someone against their will.
What is Wounding or Inflicting Grievous Bodily Harm?
Wounding involves the breaking of the skin (R v Shepherd [2003] NSWCCA 351). Grievous bodily harm refers to serious injuries and potentially permanent damage to another.
Maximum Penalties
Section 94: Robbery or stealing from the person
The maximum penalty is 14 years imprisonment.
Section 95: Robbery or stealing from the person in circumstances of aggravation
The maximum penalty is 20 years imprisonment.
Section 96: Robbery or stealing from the person and wounding or inflicting grievous bodily harm
The maximum penalty is 25 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
A claim of right – You honestly and reasonably believed that you had a legal claim to the property
The elements did not coincide – the threat of violence was made after the property had been taken (Emery (1975) 11 SASR 169 at 173)
Unreliability of any identification evidence
If DNA or fingerprints are found, there may be an alternative explanation for their presence
There may only be a ‘partial’ DNA or fingerprint match or the sample may be contaminated
Armed Robbery or Robbery in Company
Being armed with an offensive weapon or being in company when you rob or assault another with the intention of robbing any person, is an offence under section 97 of the Crimes Act 1900 (NSW). Harsher penalties may apply if you committed the offence armed with a dangerous weapon or you wounded or inflicted grievous bodily harm on any person at the time of, or immediately after, the offence. These aggravated offences of robbery are under sections 97(2) and 98 respectively, of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You were armed with an offensive weapon or instrument or were in the company of another person and
You robbed or assaulted another person with the intention to rob any person or
You stopped any mail, vehicle, railway train, or person conveying mail, with intent to rob, or search the same
What is an Offensive Weapon?
Offensive weapon or instrument means:
A dangerous weapon, or
Anything that is made or adapted for offensive purposes, or
Anything that, in the circumstances, is used, intended for use, or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.
What is a Dangerous Weapon?
Dangerous weapon means:
A firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
A prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
A spear gun
What is Wounding or Inflicting Grievous Bodily Harm?
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Maximum Penalties
Section 97(1): Armed robbery or robbery in company
The maximum penalty is 20 years imprisonment.
Section 97(2): Armed robbery or robbery in company aggravated offence
The maximum penalty is 25 years imprisonment.
Section 98: Armed robbery or robbery in company and wounding or inflicting grievous bodily harm
The maximum penalty is 25 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to this charge can include:
A claim of right – You honestly and reasonably believed that you had a legal claim to the property
The elements did not coincide – the threat of violence was made after the property had been taken (Emery (1975) 11 SASR 169 at 173)
Unreliability of any identification evidence
If DNA or fingerprints are found, there may be an alternative explanation for their presence
There may only be a ‘partial’ DNA or fingerprint match or the sample may be contaminated