ROBBERY
Robbery Offences in New South Wales
Robbery is a serious indictable offence in New South Wales, involving the use of violence, force, or the threat of violence to steal property from another person. Robbery combines elements of both theft and assault, and is prosecuted under the Crimes Act 1900 (NSW). These offences are considered among the most serious property crimes due to the potential for physical and psychological harm to victims.
Relevant Legislation
The key robbery-related offences are contained in the Crimes Act 1900 (NSW):
Section 94 – Robbery or assault with intent to rob
Section 95 – Aggravated robbery
Section 96 – Aggravated robbery with wounding
Section 97 – Armed robbery or robbery in company
Section 98 – Robbery with arms and wounding
Types of Robbery Offences
1. Robbery or Assault with Intent to Rob – Section 94
A person is guilty of this offence if they steal property from another person using violence or by putting the victim in fear.
Maximum penalty: 14 years’ imprisonment
2. Aggravated Robbery – Section 95
This applies when the robbery involves aggravating circumstances, such as:
The use of physical violence;
The infliction of actual bodily harm; or
The victim being deprived of their liberty.
Maximum penalty: 20 years’ imprisonment
3. Aggravated Robbery with Wounding – Section 96
If the accused wounds or inflicts grievous bodily harm during the commission of a robbery, the offence becomes significantly more serious.
Maximum penalty: 25 years’ imprisonment
4. Armed Robbery or Robbery in Company – Section 97
This offence occurs when the robbery is committed:
While armed with an offensive weapon, or
In the company of another person.
Maximum penalty: 20 years’ imprisonment
5. Robbery with Arms and Wounding – Section 98
The most serious form of robbery, involving the use of a weapon and causing wounding or grievous bodily harm.
Maximum penalty: 25 years’ imprisonment
Example Scenarios
Street Mugging: A person is threatened with a knife and forced to hand over their wallet.
Home Invasion: A group enters a house, armed with weapons, and steals property while occupants are present.
Armed Robbery at a Store: A masked individual brandishes a firearm at a cashier and demands money.
Robbery with Violence: An offender punches a person and steals their phone during a confrontation.
Robbery in Company: Two people jointly threaten and rob a third person on a train.
Common Legal Defences
Several legal defences may be available to a charge of robbery, depending on the facts of the case. These include:
No Intent to Steal: The accused did not intend to permanently deprive the owner of the property.
Consent: The alleged victim consented to handing over the property (rare but possible).
Mistaken Identity: The accused was not the person involved in the incident.
Duress: The accused was coerced into committing the robbery under threat.
Mental Illness or Cognitive Impairment: The accused lacked the capacity to understand or control their actions.
No Use or Threat of Violence: The prosecution cannot prove violence or intimidation occurred during the theft.
Robbery charges are highly fact-specific and often rely heavily on witness evidence, CCTV footage, and forensic analysis.
Sentencing Considerations
When sentencing for robbery offences, the court will consider:
The level of violence or threats used
Whether weapons were involved
The value and nature of the property stolen
Any injuries sustained by the victim
The vulnerability of the victim (e.g. children or elderly persons)
The offender’s criminal history and personal circumstances
Remorse, early guilty plea, and cooperation with police
Robbery is a strictly indictable offence, meaning it must be heard in the District Court and is not eligible to be dealt with summarily in the Local Court.
Legal Representation
Robbery charges are serious and carry lengthy custodial sentences upon conviction. If you or someone you know has been charged with robbery, it is critical to obtain legal advice as early as possible. An experienced criminal defence lawyer can examine the evidence, explain your rights, and develop a strong defence strategy aimed at achieving the best possible outcome.