Robbery
Understanding Robbery Charges in Australia
Robbery is classified as a violent indictable offence under Section 94 of the Crimes Act 1900 (NSW), with penalties ranging up to 25 years imprisonment depending on the circumstances. The severity of the charge often depends on factors such as:
- Use of a weapon, including knives, firearms, or other offensive objects
- Presence of violence or injury to the victim
- Offence committed with others, which may lead to aggravated charges
Our Brightstone Defence criminal lawyers have extensive experience defending clients charged with robbery, armed robbery and aggravated robbery across NSW and the ACT. We examine the evidence, identify weaknesses in the prosecution case, and develop tailored defence strategies to achieve the best possible outcome.
If you or someone you know is facing a robbery charge, contact us for immediate, confidential legal advice. Our team is ready to guide you through every stage of the legal process.
What is Robbery?
Robbery is essentially larceny or stealing with the added elements of violence or intimidation. Section 94 of the Crimes Act 1900 (NSW) states that a person commits robbery if:
“Whosoever--
(a) robs or assaults with intent to rob any person, or
(b) steals any chattel, money, or valuable security from the person of another”
This means that you have committed the offence of robbery if:
- Something has been stolen
- Violence or threats of violence are used
- The threat or violence occurs during or just before the theft
It is important to note that robbery is more serious than larceny or stealing due to its coercive nature.
Elements the Prosecution Must Prove
Types of robbery offences
Depending on the facts of the individual case, the prosecution may lay charges ranging from:
- Robbery
- Aggravated robbery
- Robbery causing wounding
- Robbery with arms etc and wounding
Aggravated robbery
Under section 95 of the Crimes Act 1900, aggravated robbery is a serious form of robbery that involves circumstances of aggravation, such as:
“(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty.”
Robbery causing wounding
Under section 96 of the Crimes Act 1900, robbery causing wounding refers to an offence that “thereby wounds or inflicts grievous bodily harm on any person”.
Robbery with arms act and wounding
Under section 98 of the Crimes Act 1900, an individual is liable to this offence if:
“being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon”.
Possible Defences
The legal system can be complex and confusing so it is essential to obtain legal representation in order to know your options and to get the best representation for your case. Possible defences include:
- No theft occurred
- No violence or threats used
- Mistaken identity
- Claim of right
- Duress
- Mental health
Whether you are charged with robbery, armed robbery or aggravated robbery, understanding the charge and your legal rights is critical to obtaining the best outcome for your case.
Potential Penalties
Legal Process
& Options
Robbery charges are usually heard in the District Court or Supreme Court. In serious cases, you may be refused bail. Early legal advice is crucial to protect your rights and build your defence from the outset.
Pleading
Not Guilty
You may choose to plead not guilty if:
- You deny using violence or threats
- You did not take anything
- You were misidentified
- You were not present at the scene
- The evidence is weak, inconsistent or circumstantial
Pleading not guilty means that the prosecution must prove beyond reasonable doubt that:
- You stole the property
- You used threats or threatened violence
- The violence or threat occurred during or just before the theft
- You intended to permanently deprive the owner of their property
If the prosecution cannot prove all elements beyond reasonable doubt, you must be found not guilty.
Pleading
Guilty
If you decide to plead guilty, you accept responsibility of the offence. Your lawyer may negotiate with the prosecution and seek to downgrade the charge or present mitigating factors. A mitigating factor may be argued for, a lack of previous criminal history, genuine remorse, youth or immaturity, drug addiction or mental health. Even in serious cases, the right plea strategy can make a substantial difference to the outcome.
In NSW and other Australian jurisdictions, "stealing" and "larceny" are often used interchangeably. However, "larceny" is the technical legal term. “Stealing” is a more general term used in plain language or in the context of specific statutory offences like stealing a motor vehicle or stealing from an employer.
- Yes.
There must be some movement of the item, even minimal. Simply touching or attempting to steal may constitute attempted larceny, but not full larceny unless the item is carried away.
- Yes.
Returning the property after the fact does not negate the original intent to permanently deprive at the time of the taking, which is the key element.
Larceny is an indictable offence, but under Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), it is triable summarily in the Local Court depending on:
- The value of the property
- The circumstances of the offence
- Whether the prosecution or defence elects a District Court trial
- Yes.
Unlike simple theft or larceny, robbery requires the use or threat of force. Even minimal physical contact or intimidation may be sufficient if it facilitates the theft.
The Crimes Act 1900 (NSW) outlines several robbery-related offences:
Section 95 defines aggravated robbery as robbery committed:
- With a weapon or instrument
- In company with others
- While causing actual bodily harm
This elevates the offence and increases the maximum penalty to 20 years imprisonment.
- Robbery (s 94): Force or threat used to steal.
- Armed robbery (s 97): Robbery committed while armed with an offensive weapon or in company and using violence or threats.
An offensive weapon may include:
- Firearms
- Knives
- Imitation weapons
- and/or Any object used to threaten or cause injury
- Yes.
Section 98 provides for “assault with intent to rob”.
If a person assaults another with the intention of committing a robbery (even if unsuccessful), they may still face charges with a maximum penalty of 14 years.
A Break and Enter offence occurs when a person:
- Breaks into a dwelling or building,
- Enters without consent, and
- Commits a further offence (e.g. larceny, assault, or property damage) or intends to commit such an offence once inside.
This offence is codified under section 112 the Crimes Act 1900 (NSW).
No. The term "breaks" includes:
- Physical force to open a door or window, even if minimal.
- Entry through an already open but closed door or window (if opened without consent).
- Entry via fraud or deception can also suffice in some circumstances.
It is important to note entering through an already open and unlocked door without any manipulation may not constitute a "break" under the traditional definition.
Aggravating factors under section 112(2) the Crimes Act 1900 (NSW) include:
- Being armed with a weapon
- Being in company with others
- Use or threat of violence
- Knowing there are people inside the premises
Special aggravation under section 112(3) the Crimes Act 1900 (NSW) may include:
- Infliction of grievous bodily harm
- Use of a dangerous weapon
- Break and Enter offences under s112 the Crimes Act 1900 and s113 the Crimes Act 1900 are strictly indictable and must be finalised in the District Court.
- Certain less serious related offences (e.g. trespass or minor larceny) may be dealt with in the Local Court.
- Yes.
Intent to commit a serious indictable offence is sufficient for liability under s112(1) the Crimes Act 1900 (NSW). Actual completion of the offence is not required.
- Yes.
These are serious criminal charges that can result in a criminal record, fines, or imprisonment. Early legal advice can help protect your rights, review the evidence, and develop a strong defence strategy.
Obtaining legal advice as soon as possible ensures that you understand your charges, legal options, and potential consequences. It can also help you respond appropriately to police investigations, court proceedings, and bail applications.
While you have the right to represent yourself, these offences are often complex. A criminal lawyer can explain the law, challenge evidence, negotiate with prosecutors, and increase your chances of a favourable outcome.
- Yes.
Unlike simple theft or larceny, robbery requires the use or threat of force. Even minimal physical contact or intimidation may be sufficient if it facilitates the theft.
The Crimes Act 1900 (NSW) outlines several robbery-related offences:
Section 95 defines aggravated robbery as robbery committed:
- With a weapon or instrument
- In company with others
- While causing actual bodily harm
This elevates the offence and increases the maximum penalty to 20 years imprisonment.
- Robbery (s 94): Force or threat used to steal.
- Armed robbery (s 97): Robbery committed while armed with an offensive weapon or in company and using violence or threats.
An offensive weapon may include:
- Firearms
- Knives
- Imitation weapons
- and/or Any object used to threaten or cause injury
- Yes.
Section 98 provides for “assault with intent to rob”.
If a person assaults another with the intention of committing a robbery (even if unsuccessful), they may still face charges with a maximum penalty of 14 years.
- Yes.
These are serious criminal charges that can result in a criminal record, fines, or imprisonment. Early legal advice can help protect your rights, review the evidence, and develop a strong defence strategy.
Obtaining legal advice as soon as possible ensures that you understand your charges, legal options, and potential consequences. It can also help you respond appropriately to police investigations, court proceedings, and bail applications.
While you have the right to represent yourself, these offences are often complex. A criminal lawyer can explain the law, challenge evidence, negotiate with prosecutors, and increase your chances of a favourable outcome.
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