Robbery
Robbery is a serious criminal offence in New South Wales (NSW), the Australian Capital Territory (ACT), and across Australia. Depending on the circumstances, it can result in a prison sentence of up to 25 years.
Understanding Robbery Charges in Australia
Robbery involves stealing from a person using violence or threats. Australian courts treat robbery seriously due to its violent nature.
Key points:
- Robbery offences are prosecuted under Section 94 of the Crimes Act 1900 (NSW) and Section 310 of the Criminal Code 2002 (ACT), as well as similar provisions in other states and territories
- Aggravated or armed robbery attracts significantly harsher penalties
- Sentences range from 14 to 25 years imprisonment, depending on the presence of weapons, injury caused, or whether the offence was committed in company
If you are facing robbery charges in NSW, ACT or anywhere in Australia, Brightstone Defence Criminal Lawyers can help. We offer experienced legal representation tailored to your location and individual case.
Robbery is a hybrid offence involving both theft and violence. Each state or territory has specific provisions:
- NSW: Covered by Sections 94–98 of the Crimes Act 1900
- ACT: Covered by Section 310 of the Criminal Code 2002 (ACT)
- Other states and territories: Similar offences apply under each region’s respective criminal legislation
These laws share a common structure: robbery involves taking property directly from another person using actual or threatened force.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- You committed or intended to commit theft
- The victim was present at the time of the offence
- You used violence or threatened violence to obtain the property
For aggravated robbery charges, they must also prove:
- You used or carried a weapon
- You acted in company with others
- The victim suffered bodily harm
Possible Defences
Common legal defences include:
- Claim of right: You genuinely believed the property was yours
- Duress: You were coerced or threatened into committing the offence
- Mistaken identity: You were not involved in the alleged offence
- Lack of intent: You did not intend to steal or cause harm
Brightstone Defence will assess your case thoroughly and identify the most effective defence strategy, wherever your matter is being heard.
Potential Penalties
- Basic robbery (under Section 94 of the Crimes Act 1900 (NSW) and applicable ACT legislation) carries a maximum penalty of 14 years imprisonment.
- Aggravated robbery (e.g. involving violence, threats, or multiple offenders) may lead to a maximum of 20 years imprisonment.
- Robbery causing grievous bodily harm or committed with a weapon (Sections 95–98 in NSW) can result in a maximum sentence of 25 years imprisonment.
- Courts consider a range of factors when determining the sentence, including:
- The use of violence or weapons
- Whether the offence was committed in company
- The extent of harm caused to the victim
- Whether the offender shows remorse or pleads guilty early
Robbery offences are treated very seriously across Australia. If you are facing such charges, contact Brightstone Defence Criminal Lawyers for immediate legal assistance and strategic advice.
Legal Process
& Options
Robbery charges are usually heard in the District Court or Supreme Court. In serious cases, you may be refused bail. Early legal advice is crucial to protect your rights and build your defence from the outset.
Pleading
Not Guilty
Brightstone Defence will:
- Develop a tailored defence strategy based on the facts
- Challenge the identification, intent, or use of force
- Examine police procedure and test the strength of the prosecution’s evidence
We represent clients in NSW, ACT and across Australia and are committed to achieving the best possible outcome for your case.
Pleading
Guilty
Your matter will proceed to sentencing. Entering an early guilty plea may:
- Reduce the sentence imposed by the court
- Show remorse and improve your chances of leniency
- Increase the possibility of a non-custodial outcome such as a Conditional Release Order (CRO) or a Section 10 dismissal (where applicable)
Before pleading guilty, speak with our lawyers to understand the implications and whether it is the right decision in your case.
Frequently Asked Questions
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