Robbery – Sections 94, 95, 96, 97 & 98 of Crimes Act 1900

If a person robs or assaults with intent to rob any person, or steal any chattel, money, or valuable security from the person of another.

Stealing from a person without the element of violence or threat is the only offence that may be dealt summarily.

If a person 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.

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
  • The offence was committed in company

If a person commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person.

A person 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.

Aggravated offence- you would be guilty of an offence under this subsection if you commit an offence under subsection (1) when armed with a dangerous weapon.

Dangerous weapon: is defined as either a firearm, a prohibited weapon or a spear gun.

A person being armed with an offensive weapon, or instrument, or being in 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.

Maximum Penalties

SectionOffenceMaximum Penalties
S94Robbery or assault with intent to rob or steal from person14 years imprisonment
S95Robbery in circumstances of aggravation20 years imprisonment  
S96Robbery in circumstances of aggravation with wounding25 years imprisonment
S97(1) and (2)Robbery etc or stopping a mail, being armed or in company20 years imprisonment 25 years imprisonment
S98Robbery with arms and wounding25 years imprisonment with SNPP 7 Years

Your Options in Court

Pleading Not Guilty

The offence is established if the prosecution can prove beyond reasonable doubt that:

  • You stole or intended to steal from another person
  • You took the item from another person
  • You used violence to take the property from another person

Defences to this charge

Duress- Where you were threatened or coerced into using committing the offence

Claim of right– Where you believed that you had a claim of right to the property

Pleading Guilty

It is important that you speak to an experienced criminal defence lawyer who will be able to advise you of your options.

If you decide or have been advised to plead guilty to robbery after receiving legal advice from an experienced criminal defence lawyer, it is crucial that your case is sufficiently prepared to maximise your chances at obtaining a lenient sentence. 

Utilitarian Value or 25% discount on punishment

The discount for the utilitarian value of the plea of guilty will be determined largely by the timing of your plea entered. That means, the earlier you enter a plea of guilty, the greater discount you receive on your punishment and also the type of sentence you receive.

The utilitarian value of a delayed plea is less and consequently the discount is reduced.

Types of Penalties

Types of penalties the Judge can impose on you include any one of the following:

  • Conditional Release Order
  • Fine

Our expert defence team at Criminal Lawyers Sydney may be able to negotiate the police ‘facts’ to reduce the seriousness of the offence.

Our team will guide you on obtaining materials which can be handed-up to the court during your sentencing – including a letter of apology, character references, and any documents from counsellors or health care professionals you have consulted.

These materials, together with persuasive verbal submissions by your lawyer in the courtroom, can help to ensure you receive the most lenient penalty that is possible in the circumstances.

If you have been charged with robbery, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with one of our experienced robbery lawyers who will review the allegations and advise you of your options and the best way forward.