Stealing from the person

THINGS YOU NEED TO KNOW:

1. Robbery or stealing from the person is a serious criminal offence which can result in imprisonment.
2. Robbery or stealing from the person is an indictable offence under Section 94 of the Crimes Act 1900 (NSW).
3. Robbery or stealing from the person matters are heard in the Local Court or District Court.
4. The claim of right defence is one of numerous defences available against charges of robbery or stealing from the person.
5. Criminal Lawyers Group are the leading law firm in NSW for not guilty verdicts and the avoidance of imprisonment.

The criminal offence of robbery or stealing from the person is a serious offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF ROBBERY OR STEALING FROM THE PERSON?

Section 94 of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to:

• Rob or assault with intent to rob any person, or
• Steal any chattel, money, or valuable security from the person of another

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF ROBBERY OR STEALING FROM THE PERSON?

Section 94 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 14 years imprisonment for anyone convicted of the criminal offence of robbery or stealing from the person, except where a greater punishment is provided elsewhere in the Crimes Act 1900 (NSW).

A conviction of the criminal offence of robbery or stealing from the person is almost certain to have severe repercussions on your career and professional life.

WHAT IS THE DEFINITION OF ROBBERY?

To best understand the criminal offence of robbery or stealing from the person, it is important to know the definitions of robbery and stealing.

Robbery contains elements of larceny and assault and refers to the unlawful taking and carrying away of property with the intention of permanently depriving the owner or person in lawful possession of it. The property must be taken by actual violence or by putting the owner or person in lawful possession of the property in fear of actual violence.

WHAT IS THE DEFINITION OF STEALING?

Stealing is more formerly referred to as larceny. Larceny is not defined in the Crimes Act 1900 (NSW), however, it has been defined by the High Court of Australia in the well-known case of Ilich v R (1987) HCA 1 as:

A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof.

WHAT IS THE DEFINITION OF ASSAULT?

To best understand the criminal offence of robbery or stealing from the person, it is also important to know the definition of assault.

R v Burstow; R v Ireland [1998] 1 AC 147 defines assault as any act, and not a mere omission to act, by which a person intentionally, or recklessly, causes another to apprehend immediate and unlawful violence.

Contrary to popular belief, an assault does not necessarily require an alleged offender to have made physical contact with the alleged victim. For example, raising a hand in a threatening manner causing someone to fear being struck may constitute assault.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A ROBBERY OR STEALING FROM THE PERSON CONVICTION?

Claim of right: A claim of right defence refers to the defence that an individual committed the act as a result of a genuine held belief that they had a legal right to the property or money that was taken, even if there existed no actual legal right.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of robbery or stealing from the person in circumstances where the criminal offence of robbery or stealing from the person must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a robbery or stealing from the person charge on the defence of duress, which is that you committed the robbery or stealing from the person under duress due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you did not rob or assault with intent to rob any person, or steal any chattel, money, or valuable security from the person of another. This could be the result of mistaken identity or for any other reason.

Other defences against a conviction of the criminal offence of robbery or stealing from the person may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF ROBBERY OR STEALING FROM THE PERSON OFFENCES?

Examples of actions that may constitute the criminal offence of robbery or stealing from the person include, but are not limited to:

• Throwing a person to the ground and stealing their wallet.
• Punching someone while attempting to rob them of their phone.
• Stealing cash from the pocket of a person.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF ROBBERY OR STEALING FROM THE PERSON?

If you are convicted of the criminal offence of robbery or stealing from the person, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history, particularly involving robbery and stealing offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities is important in consideration of a reduced sentence

WHAT COURT ARE ROBBERY OR STEALING FROM THE PERSON OFFENCES HEARD IN?

The criminal offence of robbery or stealing from the person is heard in the Local Court or District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including robbery or stealing from the person offences in the Local Court and District Court.

WHAT ARE YOUR OPTIONS?

When facing a robbery or stealing from the person charge, you have several options in court. These include:

Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

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This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.