Robbery occurs if a person steals and immediately before or during he/she uses force or threatens to use force.
Armed Robbery is a term used to describe robbery with a weapon, and usually means a robbery of a commercial premises such as a bank.
Even ‘small time’ robbery is considered to be a very serious offence by the Courts, and the possibility of prison is something that anyone charged with robbery should be aware of.
An offence of Robbery may only be dealt with on indictment. Where the value of the property, matter or thing exceeds $5000 it is a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP) or the accused. Where the value of the property, matter or thing is less than $5000 it is a Table 2 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment by the Department of Public Prosecutions (DPP).
The Crimes Act 1900 (NSW) does not contain a definition of robbery. The common law definition is used to inform the meaning of the term.
In R v Foster (1995) 78 A Crim R 517 at 522 it was held the essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige him to part with the property; in other words, the victim must be compelled by force or fear to submit to the theft: Smith v Desmond  AC 960 at 985–987, 997–998; (1965) 49 Cr App R 246 at 260–263, 275–276.
It is not sufficient that the threat of violence is made after the property has been taken; both elements of the offence must coincide: Emery (1975) 11 SASR 169 at 173.
It is not necessary that the offender applies force. It is enough that the offender by his or her conduct (which may involve an express or implied threat) puts the victim in fear of violence: R v King (2004) 59 NSWLR 515 at ,  and .
If the Robbery is “In company or whilst Armed” the Robbery becomes an Aggravated one.
Since Robbery is a criminal offence, the burden of proof lies on the Prosecution.
If you are charged with the offence of Robbery what are your options?
National Criminal Lawyers have been successful in defending a number of Robbery charges where the prosecution could not establish each of the elements of Robbery. We have also achieved a number of non-convictions for Robbery charges.
Robbery carries a maximum penalty of 14 years Imprisonment. If the Robbery is “In company or whilst Armed” the Robbery becomes an Aggravated one and the maximum penalty is 25 years imprisonment.
National Criminal Lawyers have defended thousands of people charged with Robbery and are experts at these hearings.
For Robbery 48% of offenders received a full-time prison sentence whereas 26% received a s9 good behaviour bond.
In NSW, a court can impose any of the following penalties for a Robbery charge.
Our client was charged with and pleaded guilty to robbery. We represented him in his sentencing hearing where a number of psychiatric and psychological reports were submitted confirming our clients s drug abuse and gambling addiction. The sentencing judge determined that a sentence of imprisonment was not necessary and imposed a 12-month suspended sentence instead.
The victim had her mobile phone stolen at a shopping mall food court but without force being used. The police identified our client from the CCTV footage. At trial we argued successfully that there was not force used and as such the offence of Robbery could not be made out. The court found that the prosecution had not made out their case and the Robbery charge was dismissed.
If you have been charged with any Robbery offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.