Facing a robbery charge?
Robbery charges are serious indictable offences that combine stealing with violence, threatened violence or related conduct. ED Legal provides advice and representation for robbery matters across Sydney and NSW.
The precise charge matters. The Crimes Act distinguishes basic robbery and stealing from the person from aggravated, armed, in-company and injury-related forms of robbery, each with different elements and maximum penalties.
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How we can help you
We can review CCTV, identification evidence, witness statements, phone data, forensic material and any alleged admissions, and explain what the prosecution must prove under the particular robbery charge.
We can advise before a police interview, prepare a defended case, make representations where appropriate and represent you through Local Court committal proceedings and higher-court proceedings where required.
Before a police interview or court date
If police are investigating an alleged robbery, obtain legal advice before deciding whether to participate in an interview. Identification, alleged admissions and the description of any force or threats can be critical issues.
Preserve messages, location information, receipts and other material that may assist. Keep your Court Attendance Notice and bail papers and tell your lawyer if police have seized a phone, clothing or other property.
Understanding robbery charges in NSW
Section 94 of the Crimes Act 1900 (NSW) covers robbery, assault with intent to rob and stealing property from the person of another. More serious robbery offences appear in the following sections and can carry substantially higher maximum penalties.
Robbery and stealing from the person
The prosecution must prove the particular form of the offence charged. Issues may include whether property was taken, whether force or an assault was used or threatened, whether the property was taken from the person, and the accused's identity and intention.
Aggravated, armed or in-company robbery
Different provisions apply where the prosecution alleges aggravating circumstances, a weapon, another participant or injury. Those allegations can change both the elements to be proved and the maximum penalty.
Maximum penalties
The basic offence under section 94 carries a maximum penalty of 14 years imprisonment. Aggravated and other forms of robbery can carry higher maximum penalties, so the exact section on the charge must be identified before assessing risk.
Defending a robbery charge
A defence may involve disputing identification, the alleged taking, ownership, the use or threat of violence, participation in a joint enterprise or the required intention.
CCTV, phone records, location material and witness reliability can be central. Where several people are accused, it is important to separate each person's alleged conduct and knowledge.
The prosecution may rely on admissions or circumstantial evidence. Those matters should be assessed together rather than in isolation.
A robbery charge should not be treated as an ordinary stealing allegation. The violence or threat component and any aggravating allegation require separate analysis.
How robbery matters progress through court
Robbery charges are indictable and can progress beyond the Local Court. We can explain the procedural stage, the prosecution brief and the decisions that need to be made as the matter advances.
If a plea is under consideration, get advice about the exact charge and agreed facts first. The factual basis can materially affect sentence.
Bail and urgent issues
Robbery allegations can lead to arrest, strict bail conditions or a bail application. Tell us immediately if you or a family member is in custody or if conditions need urgent attention.
Bail preparation can involve proposed accommodation, sureties, treatment or reporting arrangements and other conditions directed to the risks alleged by the prosecution.
Sentencing for robbery offences
Sentencing depends on the exact offence, level of violence or threat, use of weapons, injury, planning, role of any co-accused, value of property, prior history and personal circumstances. Serious robbery offences can attract substantial terms of imprisonment.
Preparing to speak with a lawyer
Tell us the exact section or wording of the charge, the court and next date, and whether anyone is in custody. Have any Court Attendance Notice, bail papers, police facts and relevant evidence available where possible.
For advice about a robbery charge, contact ED Legal for a free initial consultation. You can also explore our broader criminal law services.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
