What is Robbery / Stealing from a Person?
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 robbing a commercial premises such as a bank.
Even ‘small time’ robbery is considered to be very serious by the Courts, and the possibility of prison is something that anyone charged with robbery should be aware of.
The Law
Legislation describes the offence of ‘Robbery or stealing from the person’ in Section 94 of the Crimes Act 1900 (NSW) and is defined in s94 as follows:
Whosoever robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from the person of another.
If the Robbery is “In company or whilst Armed”, becomes an Aggravated one.
Jurisdiction / Case Law
An offence of Robbery may only be dealt with on indictment.
Where the value of the property, matter or thing exceeds $5,000 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 $5,000 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 (1965) 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 [52], [114] and [126].
What must the prosecution prove?
Since Robbery is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.
To establish Robbery, the prosecution must prove each of the following matters beyond reasonable doubt:
- ou 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.
If you are charged with the offence of Robbery, what are your options?
National Criminal Lawyers (NCL) have been successful in defending many Robbery/ Armed Robbery charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.
It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.
Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.
NCL offer the following options for those who have been charged with Robbery:
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Please contact us now for more information about your options.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.
This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.
This is also done without breaking your pocket.
2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.
For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.
This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.
