Robbery

Best Robbery Lawyers

Our specialist Robbery lawyers have significant experience in fighting these charges. Our strategic approach has seen countless clients found ‘not guilty’ as well as many avoid jail sentences when they plead guilty.

There are often significant jail sentences for these charges. As such, it is important to obtain advice and representation from an experienced criminal lawyer early on. We have obtained bail for hundreds of clients when they have been charged with serious robbery offences.

Contact us now to speak to our accredited specialist criminal lawyer who can immediately begin preparing your defence.˜

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Robbery?

  Section 94 of the Crimes Act 1900 (NSW) sets out the definition of Robbery as the use of violence to steal property from another person.

  This is a strictly indictable offence and must be finalised in the District Court.

   

  How Do You Beat a Robbery Charge?

  You can fight a Robbery charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You took property from the alleged victim; and
  2. You had the intention of stealing; and
  3. You used violence or threatened violence to obtain the property.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What is Aggravated Robbery?

  Under Section 95 of the Crimes Act 1900 (NSW), the definition of Aggravated Robbery is the use of violence to steal property from another person, while a circumstance of aggravation existed.

   

  How Do You Beat an Aggravated Robbery Charge?

  You can fight an Aggravated Robbery charge in two ways. Firstly, in addition to the elements of a regular Robbery charge, the prosecution must prove beyond reasonable doubt:

  1. You used corporal violence on a person; or
  2. intentionally or recklessly inflicted actual bodily harm on a person; or
  3. deprived a person of their liberty.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What is Assault with Intent to Rob?

  In order to be found guilty of Assault with intent to rob, the prosecution must prove, beyond reasonable doubt:

  1. You assaulted the alleged victim; and
  2. You intended to steal 

  What is Steal From Person?

  In order to be found guilty of Steal from person, the prosecution must prove, beyond reasonable doubt:

  1. the alleged victim had property (including money) on their person; and
  2. you stole that property from the alleged victim.

   

  This offence is commonly associated with ‘bag snatching’. It is often offered during the negotiation process as a lesser charge.

  This is because it is a Table 2 offence under the Criminal Procedure Act 1986 (NSW) and as such can be finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

   

  What is Stealing?

  See our page on larceny.

   

  What is Corporal Violence?

  Corporal violence is defined as a degree of violence that causes another person to suffer a physical injury.

   

  What are the Defences to Robbery?

  The following defences to robbery cases apply:

  1. Identification: The prosecution cannot prove you were responsible for the robbery. If your DNA or fingerprints were found at the scene, we can instruct our team of DNA and fingerprint experts to cast doubt on the prosecution evidence.
  2. Claim of right: If you held an honest belief that the property taken was yours or you were entitled to it.
  3. If the prosecution cannot prove that you used or threatened the use of violence
  4. Duress: You were forced to commit the offence
  5. Necessity: You needed to commit the offence

   

  Our team have acted in many of these cases and have had countless clients acquitted.

  Contact us now to speak our specialist criminal lawyers for Robbery charges.

• PLEADING GUILTY

  If you plan on pleading guilty, you should speak to an experienced criminal lawyer beforehand. This is because entering a plea of ‘guilty’ is not something that can be changed ordinarily.

  Our team can examine the Crown case and brief of evidence for you. They may be able to find a defence or negotiate to downgrade your charge to a less serious charge, such as Larceny or Steal from person.

  If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you will need to speak to specialist Robbery solicitors for representation in Court and advice specific to your case.

   

  What is the Penalty for Robbery?

  The maximum penalty for Robbery is 14 years imprisonment.

   

  What is the Penalty for Aggravated Robbery?

  The maximum penalty for Robbery is 20 years imprisonment.

   

  What is the penalty for Steal From Person?

  The maximum penalty for Steal from person varies depending on the value of the property stolen:

  • Where the value of the property stolen is over $5,000, the maximum penalty is 2 years imprisonment;
  • Where the value of the property stolen is under $5,000, the maximum penalty is 2 years imprisonment and/or a fine of $5,500;
  • Where the value of the property stolen is under $2,000, the maximum penalty is 2 years imprisonment and/or a fine of $2,200.

  Is there a Guideline Judgement for Robbery?

  Technically, there is no guideline judgement for Robbery, but there is a guideline judgement for Armed robbery (R v Henry (1999) 46 NSWLR 346). The guideline judgement for Armed robbery has been held to have relevance to sentencing for Robbery offences.

  Most significantly, the guideline states that the overall sentence for the usual Armed Robbery offence should generally be between four to five years imprisonment.

  You can read about the guideline judgement in more detail here.

   

  What Are the Possible Sentences for Robbery?

  There are a number of possible outcomes in a Robbery sentencing:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

   

  Often, juveniles commit Robbery offences. As a general rule, the Children’s Court is far more lenient than an adult Court. However, a conviction and potentially a ‘control order’ (ie. a term of imprisonment in juvenile detention) is a strong possibility.

   

  Will You Go to Jail for Robbery?

  When analysing statistics since 2018, it is unsurprising to see that 84% of persons found guilty of this offence were sentenced to some form of imprisonment. 63% received sentences of full-time imprisonment. All other offenders received criminal convictions.

  Plainly, there is a lot at stake when charged with an offence as serious as this. As such, you should speak to Australia’s best robbery lawyers who can provide you with the best defence. If there is any way to keep you out of jail, we are sure to find it.

FAQ

Can a Robbery charge be downgraded?

Yes, you can offer to plead guilty to a lesser offence such as ‘Larceny’. If this is accepted by the prosecution, the Robbery charge will be withdrawn. Larceny carries a maximum sentence of 5 years imprisonment in the District Court and 2 years imprisonment in the Local Court.

As such, the chances of avoiding a gaol sentence are significantly greater than if you are found guilty of Robbery.

Contact us today to discuss how we can begin the process of writing representations to Police or the DPP and have the charge downgraded.