What is robbery? The offence involves unlawfully taking property from a person by force or the threat of force by putting the victim in fear. Part 4, Division 2 of the Crimes Act 1900 governs robbery offences in New South Wales (NSW). This article discusses matters pertaining to such offences.
Robbery in New South Wales
Under Section 94 of the Crimes Act 1900, robbery or stealing from a person occurs when an offender:
- robs or assaults with intent to rob any person, or
- steals any chattel, money, or valuable security from the person of another.
Hence, robbery contains both an element of violence and an element of stealing. In R v Foster (1995), the Court stated that for a robbery offence to be committed, the victim must be compelled by force or fear to submit to the theft. The offender uses violence or makes threats so that they could overcome the resistance of the owner of the property and oblige the latter to part with such property.
In addition, an assault means any intentional or reckless (acting without regard of the consequences) act where there is either physical contact or a threat to the victim involving a reasonable fear of unlawful physical violence. Intent carries the ordinary meaning of the term, such as an aim or purpose. Intent can be drawn from conduct before, during, or after the specific act.
Examples of acts of the offence include:
- Pushing someone over and stealing their bag,
- Threatening someone with violence if they do not hand over their wallet, and
- Punching or kicking someone and attempting to take their mobile phone.
Proving a Charge of Robbery
For a person to be found guilty of the offence, the prosecution must prove the following elements:
- An unlawful taking of property with the intention of permanently depriving the owner of it,
- The property must have been taken forcefully without the owner’s consent, and
- The property must be taken by actual violence or by placing the owner in fear of actual violence.
Robbery versus Larceny
People often use the terms “robbery” and “larceny” interchangeably, but these two are very different offences. Larceny (commonly known as theft or stealing) involves unlawfully depriving another person of their property on a permanent basis. A larceny offence does not involve the presence of violence or threat of violence.
Larceny offences are dealt with summarily (in the Local Court) or on indictment (in the District or Supreme Court). However, robbery offences are indictable offences and can be dealt with only upon indictment. An indictment is a formal document (containing the charges an accused may face) that the prosecution files to commence a “trial on indictment”.
Penalties for the Offence
Under Section 94, after a robbery occurs, an offender may face robbery charges and punishment of a maximum penalty of 14 years’ imprisonment. However, maximum penalties for this criminal offence may differ on other forms of robbery (discussed below), like when the offence is aggravated.
Aggravated Robbery
Under Section 95, a person who robs another under “circumstances of aggravation” shall be liable up to 20 years’ imprisonment.
“Circumstances of aggravation” means circumstances that (immediately before, or at the time of, or immediately after the robbery) involve any one or more of the following:
- the alleged offender uses corporal violence on any person,
- the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
- the alleged offender deprives any person of his or her liberty.
“Corporal violence” means physical injury inflicted on another person. “Actual bodily harm” involves harm that has a lasting impact, but not necessarily permanent. Examples include bruises or scratches.
Deprivation of liberty means detaining a person against their will. For instance, locking them up in a room while the offender commits the robbery offence.
Robbery with Wounding
Under Section 96, an accused person who commits the offence under circumstances of aggravation and wounds or inflicts grievous bodily harm on another person, faces imprisonment up to 25 years.
Under Section 4 of the Crimes Act 1900, “grievous bodily harm” includes:
- the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 ) of the foetus of a pregnant woman, whether or not the woman suffers any other harm,
- any permanent or serious disfiguring of the person, and
- any grievous bodily disease (causing a person to contract a grievous bodily disease).
Examples of robbery with wounding include stabbing or shooting someone while robbing.
Armed Robbery or Robbery in Company
Under Section 97, a person faces liability of imprisonment up to 20 years if that person is armed with an offensive weapon or instrument, or is in company with another person, and:
- Robs or assaults a person with intent to rob, or
- Stops any mail, vehicle, railway train, or person carrying mail with intent to rob or search the same
In this form, the prosecution must prove:
- That there was at least one other person physically present at the time of the offence and that they were involved in committing the offence, or
- The offender was armed with an offensive weapon.
An “offensive weapon or instrument” means anything that has the potential to inflict harm upon another person. It includes things such as knives and baseball bats.
This form is aggravated if the person is armed with a dangerous weapon, such as a firearm or spear gun. The aggravated offence carries a maximum penalty of 25 years’ imprisonment.
It is significant to note that the offender does not have to actually to use the weapon; having the weapon on the person of the offender suffices.
Armed Robbery or Robbery in Company Resulting in Wounding
In this form of robbery, the prosecution must prove:
- That there was at least one other person physically present at the time of the offence and that they were involved in committing the offence, or
- The offender was armed with an offensive weapon, and
- The offender wounded or inflicted grievous bodily harm on another person.
Essentially, this offence under Section 98 of the Crimes Act 1900 means that the offender committed a “robbery with wounding” and an “armed robbery or robbery in company.” Under this, a person is liable to a maximum penalty of imprisonment for 25 years.
Seeking Legal Advice
A person may have committed a robbery offence against you which calls for a need for legal services. Or perhaps you are currently facing a robbery charge and are in need of legal representation.
In either scenario, JB Solicitors can help. We are a leading team of experienced lawyers in Criminal Law that can offer you legal services such as legal representation and legal advice. We always ensure that our clients’ legal matters are resolved.
Do you have any more enquiries? Contact us today.
