Overview

What is robbery?

Robbery refers to the forceful taking of property. It is a crime under section 94 of the Crimes Act 1900 (NSW). It occurs when there is:

  • An intent to steal,
  • A threat or use of force which puts another person in fear, and
  • Property is taken from that person.

Other types of robbery offences under Part 4 of the Crimes Act include robbery in company, robbery with wounding, and armed robbery. There are also aggravated forms of robbery, for example, when physical violence is used.

 

Potential Penalties

Robbery in its simplest form has a maximum penalty of 14 years imprisonment.

The maximum penalties for other forms of robbery range from 20 to 25 years imprisonment. The courts regularly impose a prison sentence for all types of robbery offences.

 

Frequently Asked Questions

Where will the matter be heard?

The offence of robbery under section 94 of the Crimes Act will ordinarily be dealt with in the Local Court. In rare circumstances, it may be heard in the District Court, but this would usually only occur if a defendant is also charged with further more serious offences that must be dealt with by the District Court.

All other robbery offences under part 4 of the Crimes Act are strictly indictable and must be dealt with in the District Court.

What is the difference between larceny and robbery?

Robbery is an aggravated form of larceny (stealing). It is considered a more serious offence and will likely attract a higher penalty. In order to prove robbery, all the elements of larceny must be proved, as well as the element of force.

What are the difficulties in prosecuting robbery?

There can be problems with the prosecution’s case in robbery matters. One common problem is that identification evidence (i.e., an assertion by a witness that the defendant is or resembles a person the witness observed to commit the offence) is notoriously unreliable. Another issue is the frequent delay between the time of the alleged offence and the time of arrest. Even where DNA or fingerprint evidence is located, there can be an explanation consistent with innocence.

Can you get bail for robbery?

Bail can be a problem for a person charged with robbery. It is important to seek legal advice and/or representation if you are charged with robbery and wish to apply for bail.

How can we help?

We are experienced in successfully defending robbery charges.

Book a free consultation or call us on 1300 668 484 for 24/7 legal advice.

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