Robbery offences can carry lengthy prison sentences for first offenders and re-offenders alike. As such, we recommend getting expert advice and representation if you’ve been charged with this offence.
Our criminal lawyers are experts at beating robbery offences. We keep first offenders out of prison and get incredibly lenient sentences for re-offenders.
Robbery is an offence that young people, who haven’t otherwise been in much trouble before, often find themselves charged with. Whenever a young person is before court our criminal lawyers go above and beyond to keep them out of prison. there is nothing worse than a young person being sentenced to jail.
How our Criminal Lawyers Beat Robbery Charges
The charge of Robbery can often be defended where there is a dispute where there is a denial a person was present and where there are questions about the circumstances in which the alleged victim handed over the property. It is not enough to prove a robbery that the threat of violence is made after the property has been taken. Or the stealing occurs as a separate incident following an act of violence.
The law is extremely strict towards Robbery offences. An experienced criminal lawyer is needed to beat the charge or get a lenient sentence. It can be the difference between freedom and a prison sentence.
Using Claim of Right for Robbery Defence
Claim of Right is a defence against a Robbery charge. 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 or property taken. 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. A Robbery charge will fail because you cannot steal your own property.
What is Robbery?
You will be found not guilty of the offence of Robbery if the police cannot prove beyond reasonable doubt that:
- You with the intent to steal;
- Took property;
- From the victim’s immediate control or presence;
- By the use of violence or by putting the victim in fear.
- You assaulted the victim; and
- Intended to steal property from the victim or another person; and
- You used violence or put that person in fear.
Stealing involves you taking and carrying away property that belonged to another person with the intention to permanently deprive the owner of that property. The taking was done without the consent of the owner.
What are the different robbery offences?
Robbery offences are dealt with in the Crimes Act 1900. The different types of offences include;
- Robbery or stealing from the person
- Steal property from a dwelling-house
- Aggravated robbery
- Aggravated robbery with wounding
- Armed robbery, or robbery in company
- Armed robbery or robbery in company resulting in wounding
What’s the difference between robbery and larceny?
Robbery is similar to larceny in that it involves unlawfully taking somebody else’s property. Larceny is simply a legal term for theft and stealing. Robbery differs from theft, however, as it also involves an assault on another person. That is that force or a threat is used in order to steal or take the property.
Because robbery offences involve an assault on another person, these offences are seen to be more serious and so have much harsher penalties.
What are the penalties if found guilty?
The penalties for robbery offences range from 14 years imprisonment for stealing from a person to 20 years for aggravated robbery to 25 years imprisonment for the most serious offence of aggravated robbery with wounding.
The law is extremely strict towards these offences for which you will need an expert criminal lawyer on your side. Australian Criminal Law Group have the best defence lawyers in Sydney, known for their ability to keep you out of gaol and getting section 10 non-convictions. Get in touch with us if you need representation.
Pleading guilty to Robbery Offence
If you agree that 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. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge.
Robbery carries a maximum penalty of 14 years imprisonment in the District Court and two years imprisonment in the Local Court. This penalty is typically reserved for the worst offenders. It is a serious criminal offence, for which you should contact our office immediately if you are charged with it.
You can read about all the sentencing options that a court has including having no conviction recorded.
Do I need references if going to court?
We believe references are an extremely important part of a plea of guilty in court. Having good character references often leads to much more lenient sentences and can help us keep you out of prison. It’s important to ensure you have good, quality references and so we have created a guide with more information on court processes and references here.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible, in and out of court. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or gaol.
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 and the threat of violence and taking did not coincide. The DPP agreed and laid charges of assault and steal from person resulting in the offences staying in the Local Court. The Accused person plead guilty and received section 9 bonds.
Our solicitor appeared in trial for an Accused charged with Inflicting grievous bodily harm with intent and Assault with intent to rob. The prosecution witnesses were cross-examined to establish that the Accused could not be identified as having been involved in the offence. could also not be established his role in the brawl that subsequently broke out included the use or knowledge of a knife used to stab the victim. It was argued any involvement he had was in self-defence. The jury subsequently found the Accused not guilty of all charges.
Australia Criminal Law Group represented a person charged with robbery in company inflicting grievous bodily harm. This carries a maximum penalty of 25 years imprisonment. Mr Correy negotiated for the charge to be withdrawn and for his client to plead guilty to an alternative charge of affray. The Magistrate sentenced our client without recording a conviction.
Australia Criminal Law Group represented a person charged with robbery in company inflicting grievous bodily harm and intentionally inflict grievous bodily harm. Both offences carry a maximum penalty of 25 years imprisonment. He had a substantial criminal record and was facing many years in jail if sentenced for those charges. The Crown prosecutor was convinced to accept a plea of guilty to recklessly inflicting grievous bodily harm. The client received a 2-year sentence with a 12-month non-parole period.
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, the Australian Criminal Law Group makes no warranties or representations as to its accuracy.