Division 2 under Part 4 of the NSW Crimes Act 1900 outlines the topic of robbery. In this blog, we will discuss the following Sections in relation to robbery NSW Crimes Act:
Let us discuss robbery before we explore the relevant sections of the Crimes Act.
What Is Robbery and its Penalties?
In NSW, the crime of robbery (stealing or theft) is a serious offence. This act is the unlawful taking of another person’s property with the use of force or the threat of force. Robbery is a violent crime and NSW law deals with it harshly.
Under Section 94 of the Crimes Act 1900 (NSW), the definition of robbery is: the unlawful and intentional taking of property from the person or immediate presence of another, against their will, by the use of force or intimidation. It is important to note that for an act to be classified as robbery, it must involve the element of force or threat of force. If force or threat of force is absent, the offence may be theft or larceny, which carry different penalties.
The use of force in robbery can range from physical violence, such as punching or hitting the victim, to the threat of violence, such as brandishing a weapon or making intimidating gestures. The key factor is that the victim feels compelled to surrender their property due to the fear of harm.
Robbery is a serious indictable offence in NSW, and upon conviction, the penalties can be severe. The maximum penalty for robbery is imprisonment for 14 years. Additionally, the court has the discretion to impose additional penalties depending on the circumstances of the case.
How Serious Is Aggravated Robbery?
Aggravated robbery is a more serious form of robbery and carries even harsher penalties. This form of robbery occurs when the offender has a dangerous weapon, or they subject the victim to actual bodily harm during the commission of the offence. In such cases, the maximum penalty increases to imprisonment for 20 years.
In NSW, the courts take into account various factors when determining the appropriate sentence for a robbery offence. These factors include the degree of violence used, the value of the stolen property, the impact on the victim, any previous criminal record of the offender, and any mitigating factors presented by the defence.
The severity of the offence and the potential penalties reflect the importance placed on protecting individuals from violent crimes and maintaining public safety in NSW. The law aims to deter potential offenders and ensure that victims of robbery receive justice.
It is worth noting that NSW law provides avenues for defence and mitigation in robbery cases. The accused may argue that they had a reasonable belief that they had an entitlement to the property or that they did not use force or intimidation. Additionally, if the accused was under duress or acted involuntarily, it may be considered a mitigating factor during sentencing.
The courts consider various factors when determining the appropriate sentence, aiming to ensure justice for the victim and maintain public safety.
Section 94: Robbery NSW Crimes Act or Stealing from the Person
This Section states that whosoever:
- robs or assaults with intent to rob any person, or
- 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.
Section 95: Same in Circumstances of Aggravation
Subsection (1) states that whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money or valuable security from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.
Subsection (2) provides a definition for circumstance of aggravation. It states that “circumstances of aggravation” means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) 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.
Section 96: Same Robbery NSW Crimes Act With Wounding
Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.
Section 97: Robbery etc or Stopping a Mail Being Armed or in Company
Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person,
- robs, or assaults with intent to rob, any person, or
- stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same,
shall be liable to imprisonment for twenty years.
Subsection (2) provides explanation on aggravated offence. It states that a person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
Subsection (3) provides an explanation for alternative verdict. It states that if, on the trial of a person for an offence under subsection (2), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
Section 98: Robbery with Arms etc and Wounding
Whosoever, has an offensive weapon, or instrument, or with company with another person
- robs,
- or assaults with intent to rob,
any person and immediately before, or at the time of, or immediately after, such robbery, or assault:
- wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.
Did You Have Something Stolen From You?
If you want to file charges against someone for theft or stealing, or if you are defending yourself against some charges, it is necessary to reach out to solicitors who can help you. At JB Solicitors, our lawyers have the experience of dealing with a variety of issues regarding stealing or robbery
If you want more information, do not hesitate to contact us.
