fbpx
Home » Criminal Law » Criminal Offences » Robbery

Robbery Offences in NSW: A Comprehensive Guide

Robbery offences are set out under Part 4 Division 2 of the Crimes Act 1900. What distinguishes robbery from other stealing offences is that there is an element of assault that is involved. If you are charged with a robbery offence, you should immediately speak to a criminal defence lawyer in Bankstown.

Robbery generally

Section 94 of the Crimes Act 1900 states it is an offence:

 

  • to rob or assault with intent to rob; or
  • steal any property, money or valuable from another person.

The maximum penalty for robbery is 14 years imprisonment. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000).

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion.

Robbery in circumstances of aggravation

Section 95 covers robbery in circumstances of aggravation which include:

 

  • the alleged offender using physical violence on any person;
  • the offender intentionally or recklessly inflicting actual bodily harm on any person; or
  • the alleged offender depriving any person of their liberty.

The circumstances can be immediately before, or at the time of, or immediately after the robbery.

The maximum penalty for robbery in circumstances of aggravation is 20 years imprisonment.

 

Should the circumstances of aggravation lead to wounding or inflict grievous bodily harm, the maximum penalty is 25 years of imprisonment.

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion.

Robbery etc or stopping a mail, being armed or in company

Section 97 states it is an offence to rob, or assault with intent to rob if the accused:

 

  • Is armed with an offensive weapon; or
  • Is in the company of another person; or
  • Stops any mail, vehicle railway train, or person conveying mail with intent to rob or search the same.

This offence is an aggravated offence is the person is armed with a dangerous weapon.

The maximum penalty for robbery etc or stopping a mail, being armed or in company is 20 years imprisonment. Should the offence occur in circumstances of aggravation the maximum penalty is 25 years of imprisonment.

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion.

Robbery with arms etc wounding

Section 98 of the Crimes Act 1900 states that it is an offence:

 

  • to be armed with an offensive weapon while robbing or intending to rob another person; or
  • To be in company of another person; and
  • Immediately before, or at the time, or immediately after such robbery or assault;
  • Wounds or inflicts grievous bodily harm on the victim.

The maximum penalty for robbery with arms etc wounding is 25 years imprisonment.

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion.

Larceny

Larceny is simply the stealing of property that does not belong to you. The elements of the offence are:

 

  • The property belongs to someone other than the accused;
  • It has been taken and carried away;
  • It has been taken without the consent of the property owner; and additionally
  • The property must have been taken with the intention of permanently depriving the owner;
  • Without a claim of right made in good faith; and
  • The property was taken dishonestly.

The maximum penalty for larceny is 5 years. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 20 – 100 penalty units ($2200 – $11,000) depending on the value of the goods stolen.

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion;
  • Mental illness.

Robbery with arms etc wounding

Section 98 of the Crimes Act 1900 states that it is an offence:

 

  • to be armed with an offensive weapon while robbing or intending to rob another person; or
  • To be in company of another person; and
  • Immediately before, or at the time, or immediately after such robbery or assault;
  • Wounds or inflicts grievous bodily harm on the victim.

The maximum penalty for robbery with arms etc wounding is 25 years imprisonment.

  • Claim of right, that is you genuinely believe you have a claim to what you have stolen;
  • Duress or coercion.

If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;

 

Result-focused criminal lawyers 

 

Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.

At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.

 

Proven Track Record

 

Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.

 

Fixed Fees

 

We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.

 

Free First Conference

 

For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.

 

Highly experienced criminal defence lawyer

 

Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.

 

Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.

 

Work closely with Australia’s leading criminal law barrister

 

We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.

 

Specialist for District and Supreme Court trials

 

Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.

 

Specialist for bail applications in NSW

 

Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.

 

In house Experts

 

Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.

 

For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.

 

Appearance at all Courts in NSW

 

From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.

 

If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.

Our Recent Articles

Lyons Law Group

Useful Links
Contact

(02) 7205 5934

Main Office: Level 3, 302/58 Kitchener Parade Bankstown NSW 2200

Sydney Office: Level 1, 60 Martin Place Sydney NSW 2000 (By Appointment Only)

Parramatta Office: Level 49, 8 Parramatta Square, Parramatta NSW 2150 (By Appointment Only)