Theft and Robbery
Theft and Robbery (Larceny) Lawyers in Sydney NSW
Robber is defined under s94-98 of the Crimes Act 1900 (NSW).
The law with robbery is similar to the offence of larceny which is commonly known as stealing. However, it is considered a more serious crime as it involves an assault on a person. Receiving stolen goods can also be a serious crime depending on a number of factors. If you’ve been arrested by the police and don’t know your rights, don’t fear we can help with your defence.
Robbery or stealing is the theft of property from another person. It also includes an assault on another person. This can be in the form of:
- Corporal violence which is physical injury done to another person
- Actual bodily harm which is harm that is caused with a lasting impact but does not have to be permanent
- Deprivation of liberty
This includes instances where grievous bodily harm occurs.
Aggravated robbery with wounding
This offences requires that you steal something with a physical threat of violence and as a result another person is wounded.
Armed Robbery or in Company
Where there is more than one person and at least one person who is involved is armed with a weapon.
Armed Robbery in company resulting in wounding
Where there is more than on person and at least one person is armed with a weapon and another person was wounded in the process of stealing something.
Elements of Proof
In order for the prosecution to prove this offence 3 elements must have occurred:
- You stole or had intent to steal something. The fact that property was taken and there was no intention to return it or that it was forcefully taken
- Another person was present when the property was taken.
- Violence of the threat of violence is used to obtain that stolen property
Pleading not guilty
If you plead not guilty the prosecution must prove the 3 elements mentioned above. You may also be able to raise defences which include:
- You had a right to the property that was taken or,
- You were coerced or threatened into committing the offence (duress)
The penalty that you may receive if you plead guilty depends on the type of offence that you have been charged with under the law.
Here is a list of the maximum penalties according to the type of offence:
- Robbery or stealing carries a maximum penalty of 14 years imprisonment
- Aggravated robbery charges carry a maximum penalty of 20 years imprisonment
- Aggravated robbery charges with wounding carry a maximum penalty of 25 years imprisonment
- Armed robbery in company carries a maximum penalty of 20 years and 25 years imprisonment if used a dangerous weapon
- Armed robbery in company resulting in wounding carries a maximum penalty of 25 years imprisonment
The court may also impose other penalties such as:
- Good behavior bong
- Community service order
- Intensive correction order
- Home detention
- Suspended sentence
- Full time imprisonment
The penalties that the court hands down will depend on the circumstances of each case. The court may look at the following factors in its determination:
- Previous criminal record
- Whether you are someone of good character
- Likelihood of reoffending (this may help reduce your penalty)
The average penalties under the law are as follows:
- Robbery (including stealing): 2.5 years imprisonment– 12 month no parole
- Aggravated robbery: 3.5 years imprisonment – 21 month no parole
- Armed robbery charge: 3.5 years imprisonment – 21 months no parole
If you’re being charged you should get in touch with us. Our team of lawyers have extensive experience in dealing with theft and robbery offences in Sydney and NSW. We will advise you on the law in every step of your case and aid in your defence get you the best possible outcome.