Robbery or Stealing from the Person
Stealing from the person is a serious criminal offence that carries a maximum prison sentence of 14 years if found guilty. You will want to have an experienced criminal lawyer on your side if you’re facing charges of sealing from the person.
Our criminal lawyers have great success in defending Stealing from the person charges and having our clients found not guilty. We use a range of defences including identification (it wasn’t you who stole the property), arguing the property was not actually stolen or that you intended to return the property and even that the property belonged to you.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but having no conviction recorded for larceny offences.
What is the offence of Stealing from Person?
Stealing from the person or robber is dealt with under section 94 of the Crimes Act 1900 (The Act). It is the least serious robbery offence but, with 14 years imprisonment as the maximum penalty, it is still regarded a serious offence by the law.
The Act describes the offence of robbery or stealing from the person as follows1.;
a) robs or assaults with intent to rob any person, or
b) steals and chattel, money, or valuable security from the person of another”
Assault is the act of inflicting physical harm on another person, threatening or intimading them with the intended purpose of causing fear of harm. Assualt charges all carry a prison sentence as a penalty option.
How do I beat a charge of stealing from person?
You will be found not guilty of the offence of Steal from the person if the police cannot prove beyond reasonable doubt:
- You stole a chattel, money or valuable security;
- From the person of the victim.
Stealing involves you taking and carrying away property that belonged to another person with the intention to permanently deprive the owner of that property and the taking was done without the consent of the owner.
An intent to permanently deprive the owner of the property must exist at the time of the taking. f the obtaining of the property is innocent a later intent to steal is insufficient. If the accused takes the property without having decided whether to keep it or not, he does not commit larceny.
Claim of right is a defence to the charge of Steal from the person. A person will have a claim of right where they possess a genuine belief that they have a bona fide claim of right to certain money. If you believed you were entitled to take the property, it does not matter that you did not believe you were entitled to take it in the manner you did.
Pleading guilty to stealing from the person
If you agree you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. It may also be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
Steal from the personcarries a maximum penalty of two years imprisonment and/or a fine of $5,500.00 in the Local Court and 14 years imprisonment in the District Court. This penalty is typically reserved for the worst offenders. If the property stolen is valued at less than $2,000.00 then the maximum fine a court can impose is $2,200.00. Steal from the personis a serious criminal offence.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references if pleading guilty to the offence of steal from person?
Yes. We believe references are an extremely important part of a plea of guilty in court. Having good character references can make a big difference to the outcome of your case and often result in much more lenient sentences.
Read our guide to good references on our Court Process and References page.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Steal from the person offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Mr Correy represented an Accused person charged with Aggravated Robbery. The Accused man admitted to the police that he had both been in a fight with the victim and that he had taken the wallet. Mr Correy represented to the DPP that the fight had occurred without any intention to rob. The wallet had fallen from the victim’s pocket during the fight. Mr Correy represented that the taking of the wallet occurred following the fight. The threat of violence and taking did not coincide. The DPP agreed and laid charges of assault and steal from the person resulting in the offences staying in the Local Court. The Accused person pleaded guilty and received good behaviour bonds.
- Crimes Act 1900 40, Sextion 94 Robbery or stealing fro the person
Current version for 27 March 2021 to date (accesed 24 August 2021 at 19:49)
This information is intended as a general guide to law only. It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy.