Robbery

Robbery generally involves stealing property from a person using violence or a threat of immediate violence. The prosecution must connect the violence or threat to the taking. The Crimes Act 1900 (NSW) creates several offences in ss 94–98, with different elements and maximum penalties. Ordinary robbery under s 94 carries a maximum of 14 years imprisonment on indictment.

Robbery is not the same as every theft, argument about money or incident involving property. Section 94 also covers assault with intent to rob and stealing from the person. Those alternatives must be examined separately. A charge describing someone as being armed, acting in company or causing injury requires additional matters to be proved.

The section and subsection written on the court attendance notice are important. They determine the prosecution case, the available court procedure and the maximum penalty.

For an allegation of robbery, the prosecution must prove the accused's identity, a dishonest taking of property belonging to another, the necessary intention to permanently deprive, and the violence or threat required by the offence. These matters must be established beyond reasonable doubt.

The force must be connected with obtaining the property or overcoming resistance to the taking. Not every confrontation occurring near a theft makes the theft a robbery. The sequence of events, what was said, who held the property and when any force occurred can be significant.

For assault with intent to rob, the prosecution must establish the assault and the intention to rob even if no property was ultimately taken. For an aggravated charge, it must also prove the particular aggravating circumstances. A person does not become guilty of acting in company simply by happening to be nearby.

Evidence may include identification accounts, CCTV, messages, telephone records, forensic material and police interviews. Each source should be considered in context rather than treating a police summary as the complete evidence.

These are imprisonment ceilings on indictment for adult offenders, not predicted sentences.

Under s 95, aggravation includes using corporal violence, intentionally or recklessly inflicting actual bodily harm, or depriving a person of liberty. The prosecution must identify the relevant circumstance.

“Dangerous weapon” has a statutory meaning and is not interchangeable with every offensive weapon. The exact charge matters even where the same object appears in the evidence.

Robbery or assault with intent to rob under s 94(a) is a Table 1 offence under Schedule 1 to the Criminal Procedure Act 1986 (NSW). It can remain in the Local Court unless either party elects indictment. Stealing from the person under s 94(b) is Table 1 above $5,000, but Table 2 at or below $5,000; only the prosecution elects for Table 2. The individual summary imprisonment ceiling is two years.

Offences under ss 95–98 are strictly indictable. They begin in the Local Court for preliminary proceedings but ordinarily proceed to the District Court for trial or sentence. They are not Table 2 matters that can simply be finalised summarily by agreement.

An election or change to a charge can have substantial consequences. Advice should address the actual evidence and procedure, not assume that the most convenient court is available.

Issues may include mistaken identification, whether a taking occurred, dishonesty, ownership, the accused's intention and whether the alleged threat or force was connected with the taking. The evidence may establish a different offence rather than the robbery alleged.

A genuine claim of right can raise particular legal issues, but a belief that someone owes money is not a general permission to use violence or take whatever property is available. Obtain advice before assuming that a debt dispute answers a robbery charge.

Participation is another important issue. The prosecution may rely on joint criminal enterprise or another basis of liability. A lawyer can examine whether the evidence establishes the required participation and knowledge, rather than merely association with other people.

Where supported by the material, representations may address the charge, disputed facts or the appropriate court. Any plea must be based on instructions and the elements actually admitted.

The first appearance usually concerns representation, bail and directions for the prosecution material. If bail conditions restrict contact or attendance at a location, comply with them while seeking any necessary variation.

For a summary s 94 case, the court manages the plea and, if contested, a hearing at which the prosecution presents evidence. For an indictable case, the Local Court manages the preliminary process, including charge certification and case conferencing where applicable, before committal.

A not-guilty plea in the District Court leads towards trial. A guilty plea leads to sentence on an agreed or determined factual basis. Disputes about aggravating facts should be addressed before sentencing submissions are finalised.

Keep the court notice, bail papers and communications from your lawyer. Preserve potentially relevant messages or recordings without altering them, approaching witnesses or attempting to obtain evidence in breach of an order.

A conviction can affect employment screening, professional licences, travel and immigration matters. Bail restrictions may affect accommodation, work or contact with other people before the charge is resolved. The consequences depend on the particular circumstances and the rules applying to each organisation.

Sentencing involves the seriousness of the conduct and the offender's circumstances. Relevant material may include evidence of rehabilitation, treatment and personal responsibilities. Community-based orders are subject to statutory eligibility; serious robbery charges must not be approached on an assumption that a non-custodial sentence is available.

The court can consider imprisonment and, where legally available and appropriate, other sentencing options. A maximum penalty does not mean that everyone receives that term, but it also does not establish a likely result in an individual case.

Yes. Assault with intent to rob is included in several robbery provisions. The prosecution must still prove the assault and the required intention. The absence of a completed taking does not, by itself, resolve the charge.

No. The prosecution must establish the legally required connection between the participants and the offence. Mere presence or friendship is not enough by itself. The precise conduct and the basis of alleged participation need examination.

A s 94 charge can remain in the Local Court as a Table 1 matter unless either party elects. The aggravated offences under ss 95–98 are strictly indictable and do not follow that summary procedure.

Get legal advice first. Direct or indirect contact may breach bail conditions or other orders and may create further allegations. A lawyer can advise how any appropriate communication or proposal should be handled lawfully.

A criminal lawyer can identify the offence alleged, assess identification and participation evidence, explain bail obligations and advise on the available court pathway. They can also make appropriate representations, prepare a defended case or organise sentencing material on your instructions.

Bring your court attendance notice and a clear timeline to the consultation. Tell the lawyer about all related charges and orders so that advice accounts for the whole situation. Contact Austere Legal to discuss your circumstances before the next court date.

This information is general in nature and does not constitute legal advice. The appropriate approach to a robbery charge depends on the circumstances of each individual case.