Robbery/Stealing from the Person

In New South Wales, it is an offence to rob a person or assault a person with intent to rob or steal any chattel, money, or valuable security from them. The offence is known as Robbery or Stealing from the Person. The maximum penalty for this charge in NSW is 14 years imprisonment. 

What is Robbery/Stealing?

The legislation describes the offence of ‘Robbery or Stealing from the Person’ in Section 94 of the Crimes Act 1900 (NSW) which states:

Whosoever—

(a)  robs or assaults with intent to rob any person, or

(b)  steals any chattel, money, or valuable security from the person of another,

shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.

The following acts constitute Robbery:

• Snatching a handbag from someone on the street;
• Threatening someone with violence if they do not hand their wallet over;
• Punching someone and attempting to take their mobile phone but being unsuccessful.

What Must be Proven?

For a person to be found guilty of Robbery or Stealing from a Person the Prosecution must prove each of the following matters beyond a reasonable doubt:

Robbery:

• you intend to steal; and
• you take property from another person’s immediate control or presence
• by the use of violence or by putting the victim in fear

Stealing from the person:

• you steal any chattel, money, or valuable security
• from the person of another

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Robbery  is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Sealing  from a person, when the value of the property is less than $5000 is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Sealing  from a person, when the value of the property is more than $5000 is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Robbery or Stealing

The following defences may be available for a Robbery or Stealing charge:

• Duress;
• Necessity;
• Self defence;

Common Questions about Robbery or Stealing

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a Robbery or Stealing charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

There is a very high risk of a Gaol sentence for these offences, the majority of people charged with these offences end up with a full time Gaol sentence. It is incredibly important that you get expert advice to assist you if you are facing these kinds of charges. There is a possibility, depending on the circumstances that a different sentence could be imposed, but it is important you get help.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.