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Robbery
Robbery – Sections 94, 95, 96, 97 & 98 of Crimes Act 1900
If a person robs or assaults with intent to rob any person, or steal any chattel, money, or valuable security from the person of another.
Stealing from a person without the element of violence or threat is the only offence that may be dealt summarily.
Robbery in circumstances of aggravation
If a person robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation.
circumstances of aggravation– means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
- The alleged offender uses corporal violence on any person,
- The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
- The alleged offender deprives any person of his or her liberty
- The offence was committed in company
Robbery in circumstances of aggravation with wounding
If a person commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person.
Robbery etc or stopping a mail, being armed or in company
A person being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, or
stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same.
Aggravated offence– you would be guilty of an offence under this subsection if you commit an offence under subsection (1) when armed with a dangerous weapon.
Dangerous weapon: is defined as either a firearm, a prohibited weapon or a spear gun.
Robbery with arms etc and wounding
A person 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.
Maximum Penalties
| Section | Offence | Maximum Penalties |
|---|---|---|
|
S94 |
Robbery or assault with intent to rob or steal from person |
14 years imprisonment |
|
S95 |
Robbery in circumstances of aggravation |
20 years imprisonment |
|
S96 |
Robbery in circumstances of aggravation with wounding |
25 years imprisonment |
|
S97 (1) and (2) |
Robbery etc or stopping a mail, being armed or in company |
20 years imprisonment 25 years imprisonment |
|
S98 |
Robbery with arms and wounding |
25 years imprisonment with SNPP 7 Years |
Your Options in Court
Pleading Not Guilty
The offence is established if the prosecution can prove beyond reasonable doubt that:
- You stole or intended to steal from another person
- You took the item from another person
- You used violence to take the property from another person
Defences to this charge
Duress- Where you were threatened or coerced into using committing the offence
Claim of right– Where you believed that you had a claim of right to the property
Pleading Guilty
It is important that you speak to an experienced criminal defence lawyer who will be able to advise you of your options.
If you decide or have been advised to plead guilty to robbery after receiving legal advice from an experienced criminal defence lawyer, it is crucial that your case is sufficiently prepared to maximise your chances at obtaining a lenient sentence.
Utilitarian Value or 25% discount on punishment
The discount for the utilitarian value of the plea of guilty will be determined largely by the timing of your plea entered. That means, the earlier you enter a plea of guilty, the greater discount you receive on your punishment and also the type of sentence you receive.
The utilitarian value of a delayed plea is less and consequently the discount is reduced.
Types of Penalties
Types of penalties the Judge can impose on you include any one of the following:
Our expert defence team at Criminal Lawyers Sydney may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.
Our team will guide you on obtaining materials which can be handed-up to the court during your sentencing – including a letter of apology, character references and any documents from counsellors or health care professionals you have consulted.
These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.
If you have been charged with AVO or contravene AVO, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced AVO lawyers who will review the allegations and advise you of your options and the best way forward.