Robbery Offence Lawyers Sydney

Facing a Robbery Charge? Here’s What You Need to Know

Robbery is treated as a serious offence in New South Wales, and a guilty finding can result in a lengthy prison sentence along with a permanent criminal record. That record can follow you into future job applications, rental agreements, and even custody arrangements. If you or someone close to you has been charged with a robbery-related offence, the team at Best Criminal Lawyers Sydney would encourage you to speak with us before you say anything further to police.

What Counts as Robbery Under NSW Law?

Robbery isn’t defined in a single piece of legislation. Instead, it’s covered by a mix of the Crimes Act 1900 (NSW) and long-standing common law principles built up through decades of court decisions. Broadly speaking, the courts have held that robbery occurs where violence or the threat of it is used against the person holding the property to overcome their resistance and force them to give it up.

The robbery category also extends to what’s sometimes called sacrilege and housebreaking-type offences, several of which carry their own tiers of seriousness. Between them, the offences that fall under this umbrella include:

• Robbery or stealing directly from a person;
• Robbery committed in circumstances of aggravation;
• Robbery involving wounding;
• Armed robbery, or robbery committed while stopping a mail carrier, vehicle or train;
• Robbery involving weapons and wounding;
• Demanding property with intent to steal;
• Breaking out of a dwelling-house after committing, or entering with intent to commit, an indictable offence;
• Breaking, entering and assaulting with intent to murder;
• Entering a dwelling-house with criminal intent;
• Breaking into a house and committing a serious indictable offence;
• Breaking into a house intending to commit a serious indictable offence; and
• Being armed with intent to commit a serious indictable offence.

Ordinary theft, or larceny, is treated as a separate offence and is covered elsewhere on our site.

Key Terms Used in Robbery Matters

A handful of terms come up repeatedly in robbery cases, and it’s worth understanding what they mean:

• Chattel – a tangible, movable item of personal property, such as jewellery or furniture.
• Dangerous weapon – a firearm (real or imitation), a prohibited weapon, or a speargun. Imitation firearms are treated the same way as real ones under the law.
• Prohibited weapon – a broad category covering items such as knives, crossbows, extendable batons, tasers, knuckle dusters, capsicum spray, body armour, and similar devices.
• Dwelling-house – any structure, boat, or vehicle used or intended for occupation as a residence, including certain attached buildings.
• Exceptional circumstances – assessed case by case, with no fixed definition; courts have previously recognised things such as substantial cooperation with authorities.
• Grievous bodily harm – includes permanent or serious disfigurement, a grievous bodily disease, or, in specific circumstances, the destruction of a pregnant woman’s foetus.
• Offensive weapon or instrument – a dangerous weapon, or any object made, adapted, or used (or threatened to be used) for causing harm.
• Serious indictable offence – any offence carrying a maximum penalty of more than 5 years’ imprisonment.
• Valuable security – includes shares, bonds, bills, deeds, and similar financial instruments.

What Does the Prosecution Have to Prove?

Like any criminal charge, the prosecution carries the burden of proving each element of a robbery offence beyond a reasonable doubt. Courts also assess conduct against the standard of a reasonable person, someone who exercises an ordinary degree of care and judgment and self-induced intoxication won’t excuse or explain away that standard.

Under the common law, intent is a necessary part of the offence. This is generally established where:

• You were aware of the circumstances that made your conduct unlawful; or
• You had no honest and reasonable belief that your conduct was innocent.

In short, it isn’t enough for the prosecution to show you committed the physical act; they also need to prove you intended to commit it, knowing it was against the law.

If you’re considering a guilty plea, entering it at the earliest opportunity may entitle you to a reduction of up to 25% off your sentence. That said, we’d always recommend getting proper legal advice before entering any plea, so you fully understand your options first.

Robbery Offences Explained

Robbery or Stealing From a Person

You commit this offence if you rob or assault someone with intent to rob them, or steal any chattel, money, or valuable security from them. It carries a maximum penalty of 14 years’ imprisonment, rising to 20 years where aggravating factors apply, such as using violence, causing actual bodily harm, or depriving someone of their liberty. Where the offence involves wounding or grievous bodily harm, the maximum climbs to 25 years.

This is the only robbery-related offence that can be finalised in the Local Court, though the prosecution ultimately decides whether it proceeds summarily or on indictment. If dealt with summarily, the maximum penalties scale down according to the value of the property involved, ranging from a fine and up to 2 years’ imprisonment for lower-value matters, through to 2 years and an $11,000 fine where the property exceeds $5,000 in value.

Armed Robbery (Robbery While Armed or in Company)

Where you’re armed with an offensive weapon and acting together with another person, robbing or assaulting someone with intent to rob, or holding up mail, a vehicle, or a train, you’re committing this offence. It carries a maximum of 20 years’ imprisonment, increasing to 25 years where you’re armed with a dangerous weapon and aggravating circumstances apply.

Armed Robbery With Wounding

If you’re armed and in company, and you rob or attempt to rob someone while wounding them or causing grievous bodily harm either immediately before or after, the maximum penalty is 25 years’ imprisonment, with a non-parole period of 7 years.

Demanding Property With Intent to Steal

Demanding property from someone through menace or force, intending to steal it, carries a maximum penalty of 10 years’ imprisonment, rising to 14 years if committed in company with another person. It doesn’t matter whether you were the one issuing the threat; being present with someone who does is enough to attract liability.