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Robbery occurs if a person steals and immediately before or during, he/she uses force or threatens to use force when stealing the thing or object.
Robbery is a very serious offence and the possibility of prison is very real.
The legislation describes the offence of ‘Robbery or stealing from the person’ in Section 94 of the Crimes Act 1900 (NSW) which states:
‘Whosoever robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from the person of another’.
If the Robbery is “In company or whilst Armed” the Robbery becomes an Aggravated one.
Since there is no defined definition of the term robbery in the Crimes Act, the courts have given the term the meaning.
For instance, in R v Foster (1995) 78 A Crim R 517 at 522 it was held the essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige him to part with the property; in other words, the victim must be compelled by force or fear to submit to the theft:
It is not sufficient that the threat of violence is made after the property has been taken; both elements of the offence must coincide together as stated in the case of Emery (1975) 11 SASR 169 at 173.
It is not necessary that the offender applies force. It is enough that the offender by his or her conduct (which may involve an express or implied threat) puts the victim in fear of violence as stated in the case of R v King (2004) 59 NSWLR 515 at [52], [114] and [126].
Robbery carries a maximum penalty of 14 years Imprisonment.
If the Robbery is “In company or whilst Armed” the Robbery becomes an Aggravated one and the maximum penalty is 25 years imprisonment.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties for a Robbery charge.
1. Full time Imprisonment
2. Intensive Corrections Order (ICO)
3. Community Correction Order (CCO)
4. Conditional release Order (CRO) ie bond.
Since Robbery is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused’s guilt beyond reasonable doubt.
· you intend to steal; and
· you take property from another person's immediate control or presence
· by the use of violence or by putting the victim in fear at the same time as you were stealing the property.
Some of the possible defences available for those charged with Robbery can include:
· Duress-If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue “Duress”
· Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity.
Self-defence - If you were defending yourself or another OR yours or another’s property you may have a Defence of Self-Defence even in situations where “Pre-Emptive Force” is used. Moreover, at times there “No duties or need to retreat”.
Daniel Wilson our principal represented our client who had been charged with Robbery of a victim’s mobile phone. As it turned out from viewing CTV the victim had her mobile phone stolen at a shopping mall food court but without any force being used. The police identified our client from the CCTV footage. At trial we argued successfully that there was not force used and as such the offence of Robbery could not be made out. The court found that the prosecution had not made out their case and the Robbery charge was dismissed.
For Robbery, Rep-Revive Criminal Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal Lawyers®:
At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.
Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.
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