Penalties in NSW

ROBBERY CHARGE IN NSW – WHAT IS THE CRIMINAL PENALTY FOR ROBBERY?

Robbery Offences in New South Wales – Section 94 Crimes Act

Robbery is sometimes considered a ‘hybrid’ offence, as it features aspects of both assault and larceny.

According to the courts, robbery offences involve acts whereby “the victim… [is] compelled by force or fear to submit to the theft… It is not necessary that the offender applies force… It is enough that the offender by his or her conduct…Puts the victim in fear of violence”. If there is no violence then you could still be charged with a ‘steal from person’ offence or a larceny if the item is stolen through other means.

Robbery offences are contained in sections 94 to 98 of the Crimes Act 1900, and can be summarised in the following table:

Offence Section of the Crimes Act 1900 Elements (ingredients) of the offence: the prosecution must prove beyond reasonable doubt that the defendant: Maximum prison term in years
Robbery or steal from person 94 Robbed or assaulted another person with intent to rob, or 

Stole any chattel, money or valuable security from another person.

14
Robbery or steal from person in circumstances of aggravation 95
  1. Robbed or assaulted another person with intent to rob, or stole any chattel, money or valuable security from another person, and
  2. Did so in ‘circumstances of aggravation’.
20
Robbery or steal from person in circumstances of aggravation with wounding 96
  1. Robbed or assaulted another person with intent to rob, or stole any chattel, money or valuable security from another person,
  2. Did so in ‘circumstances of aggravation’, and
  3. Wounded or inflicted grievous bodily harm.
25
Robbery or stopping mail while armed or in company 97
  1. Was armed with an offensive weapon or instrument, or was in the company of another person or persons, and
  2. Robbed or assaulted another person with the intention to rob, or stopped any mail, person with mail, vehicle or train, with the intention to rob or search.
25
Robbery with arms and wounding 98
  1. Was armed with an offensive weapon or instrument, or was in the company of another person or persons,
  2. Robbed or assaulted another person or persons with intent to rob, and
  3. Assaulted, wounded or inflicted grievous bodily harm on another person or persons, whether before, during or after the incident.
25

The prosecution will need to prove each element (ingredient) of the charged offence beyond a reasonable doubt to secure a conviction.

DEFINITIONS

The definitions for the purposes of the sections are as follows:

‘Circumstances of aggravation’ is where the defendant uses corporal violence, intentionally or recklessly inflicts actual bodily harm or deprives the liberty of any person immediately before, or at the time of, or immediately after the incident.

A ‘wound’ is the breaking of both layers of the skin, being the dermis and epidermis, and includes a ‘split lip’.

‘Grievous bodily harm’ has been loosely defined by the courts as ‘really serious harm’. It includes, but is not limited to, the destructions of a foetus other than by a medical procedure, any permanent or serious disfiguring and any grievous disease.

An ‘offensive weapon or instrument’ includes a dangerous weapon or anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm.

A ‘dangerous weapon’ is a firearm or imitation firearm, a prohibited weapon or a spear gun.

WHAT IS A POSSIBLE DEFENCE TO ROBBERY CHARGE?

CLAIM OF RIGHT DEFENCE FOR A ROBBERY CHARGE

Claim of Right is a defence against a Robbery charge. A person will have a claim of right where they possess a genuine belief that they have a bona fide claim of right to certain money or property taken. If you believed you were entitled to take the property it does not matter that you did not believe you were entitled to take it in the manner you did. A Robbery charge will fail because you cannot steal your own property.

WHICH COURT WILL HEAR YOUR MATTER? 

The offence of Robbery (section 94(a)) is a Table 1 offence, which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

An offence of Stealing from the person (section 94(b)) depends on the value of the property stolen.

Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

HOW DO I GET THE BEST RESULT FOR A ROBBERY CHARGE IF I PLEAD GUILTY?

  1. Obtain reference letters
  2. Obtain a psychological report
  3. Provide a detailed letter of apology demonstrating your insight and contrition
  4. Give back to the community through volunteer work

GOING TO COURT?

In you are accused of a robbery offence, call Criminal Lawyers Group anytime on 0424 230 074 for expert advice from a senior criminal lawyer. We will provide an initial free consultation and work out a plan of attack in your case to give you the best change of obtaining the best possible outcome in your case. Contact us today!

 

 

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