What Counts as Robbery or Stealing in NSW?
Robbery or stealing is criminalised under section 94 of the Crimes Act 1900 (NSW). The section prescribes that ‘whosoever robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from the person of another is guilty of an offence’. It essentially creates two separate offences within ‘robbery’ (section 94(a)) or ‘stealing from the person’ (section 94(b)).
It is referred to as a ‘hybrid’ offence in that it contains elements of larceny and assault. For example, whilst larceny may involve taking something from a shop without paying, robbery or stealing from a person may involve mugging, snatching a handbag from someone, or physically confronting someone during a theft.
What Elements Must the Prosecution Prove?
The prosecution is required to prove each element of the offence beyond a reasonable doubt.
For a robbery charge, they are required to prove the following elements:
It has been held that there must be violence or a threat of violence that induces the victim to part with the property taken. It is not sufficient if the violence or threat was made after the property was taken.
Courts have also held that even minor use of force in an act of theft can elevate the charge to a robbery.
For a stealing from person charge, they are required to prove:
You stole any chattel, money, or valuable security (i.e., complete removal from their immediate control), and
The property belonged to someone else, and
The property was stolen ‘from’ the other person.
A ‘chattel’ essentially refers to a personal posession.
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Types of Robbery and Stealing Offences in NSW
Basic robbery is the offence of taking property from another person using violence or the threat of violence. This offence is classified as a Table 1 offence and can be dealt with in the Local Court unless the prosecution elects for it to proceed in the District Court. There are various types of robbery offences beyond the ‘basic’ offence contained under section 94 of the Crimes Act 1900 (NSW).
Aggravated robbery is contained under section 95 of the Act. It involves the offence committed in ‘circumstances of aggravation’, which are where corporal violence is used, actual bodily harm is intentionally or recklessly inflicted on the victim, or the offender deprives any person of their liberty. Corporal violence essentially means violence involving the human body. This offence is classified as strictly indictable, which means it cannot be finalised in the Local Court and must instead be heard in the District Court.
Armed robbery refers to where a weapon is involved, with an aggravated version of this offence also contained under section 97 of the Act, where a ‘dangerous’ weapon is involved. A dangerous weapon includes a firearm, an imitation firearm, a prohibited weapon or a spear gun. As a strictly indictable offence, this charge must be dealt with in the District Court, where more serious criminal matters are heard.
The least serious type of stealing offence is larceny, which involves theft without any force or threats. This charge may be classified as either a Table 1 or Table 2 offence, depending on the value of the property or money involved.
What Are the Penalties for Robbery in NSW?
The maximum penalty for robbery or stealing under section 94 of the Crimes Act 1900 (NSW) is 14 years imprisonment. However, there are different classifications of the offence (specifically stealing from a person under section 94(b) that dictate which court will hear the matter and the limit for associated penalties based on the value of the property stolen.
If the value of the property stolen exceeds $5,000, it is classified as a ‘table 1’ offence. This means that it will be dealt with in the Local Court unless the prosecution or defence elects for it to be heard in the District Court. Practically, this means most matters are heard in the Local Court.
In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine.
If the value of the property stolen does not exceed $5,000, it is classified as a ‘table 2’ offence, which means that it will be dealt with in the Local Court, unless the prosecution elects for it to be heard in the District Court. Practically, this means most matters are heard in the Local Court.
In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $2,200 fine.
The offence of robbery (section 94(a)) is also classified as a ‘table 1’ offence. In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $11,000 fine.
However, where the robbery is committed in circumstances of aggravation, the maximum penalty applicable is instead 20 years' imprisonment. This is a strictly indictable offence which must proceed to the District Court.
Other applicable penalties include:
Armed robbery (strictly indictable and most proceed to the District Court) = maximum 20 years imprisonment,
Aggravated armed robbery (strictly indictable and most proceed to the District Court) = 25 years imprisonment,
Robbery in company (strictly indictable and most proceed to the District Court) = maximum 20 years imprisonment.
Larceny is dealt with as a less serious offence. It is contained under section 117 of the Crimes Act 1900 (NSW). The maximum penalties applicable again depend on the value of the property.
Property = $2,000 or less - two years imprisonment and/or a $2,200.00 fine,
Property = $5,000 or less - two years imprisonment and/or a $5,500.00 fine,
Property = more than $5,000 - two years imprisonment and/or a $11,00.00 fine
Robbery vs Theft: Are the Penalties the Same?
The penalty applicable will always depend upon what the specific charge is (and its maximum penalties and whether it is dealt with in the Local or District Court), the objective seriousness of the conduct, your personal circumstances, and any rehabilitative efforts. The circumstances of the matter (i.e., whether force or violence is used) will change the charge you face and the way the matter is handled at court.
For example, in comparing the different circumstances of where someone’s phone is stolen:
If you punched someone in the face or threatened to stab them if they didn’t give you their phone, this would most likely be charged as ‘robbery’,
If you snatched someone’s phone from their hand and ran away with it, this would most likely be charged as ‘steal from person’,
If you reached into someone’s handbag and took their phone, this would most likely be charged as ‘larceny’.
Whilst the aggravated version of the offences will have to be dealt with in the District Court, many stealing and robbery matters may be dealt with in the Local Court.
Sample Sentencing Table for Robbery and Theft
If the property is under $2,000 = two years imprisonment and/or a $2,200 fine
If the property is under $5,000 = two years imprisonment and/or a $5,500 fine
If the property is over $5,000 = two years imprisonment and/or a $11,00 fine
Local Court unless elected to the District Court
Local Court: 2 years imprisonment and/or $11,000 fine
District Court: 14 years imprisonment
Will I Have to Go to Court for a Robbery or Stealing Charge?
In the Local Court, on the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, the matter will proceed to Sentence.
If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, witnesses, images of the injury, medical documents, police body-worn video, CCTV, photos, videos and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt.
With the right legal support, many cases resolve favourably before reaching a hearing.If the matter has to be dealt with in the District Court, the matter will proceed through the Local Court for the ‘Early Appropriate Guilty Plea’ (EAGP) process before proceeding to the District Court for Sentence (Guilty) or Trial (Not Guilty).
The ‘EAGP’ process is as follows:
Orders are made for the brief of evidence to be served by the prosecution on the defence. Once the evidence has been served, the defence will confirm that the brief has been served by the prosecution.
A ‘charge certificate’ is then filed by the prosecution - a charge certificate is a document that specifies the offences that the prosecution is proceeding with, setting out the detail of these offences, back-up offences (if applicable), and other offences that are no longer being proceeded with (if applicable).
A ‘case conference’ is then held between the prosecution and defence - this involves parties engaging in discussions regarding the case. A ‘case conference’ certificate will then be filed with the court outlining any negotiations.
Following this, the matter will be listed for committal, where a plea of guilty or not guilty must be entered, advising whether the matter is proceeding to a Sentence or a Trial.
From this point, the matter will then proceed through the District Court for Sentence or Trial.
Facing Criminal charges and seeking representation?
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What Defence Strategies Work in Robbery Cases?
Defence strategies commonly employed in robbery cases include:
Claim of right (i.e., where you are legally justified in taking the property),
Identification (i.e., the police have not been able to accurately identify the offender),
There was no force or threat (i.e., as to seek downgrade of the charge to larceny),
There was no intention to permanently deprive of the property.
The circumstances of the matter and the evidence the police have are integral in determining what approach ought to be taken. There is the opportunity to use aspects with the prosecution may be unable to prove to seek the withdrawal of the proceedings, or downgrade to a less serious charge such as larceny.
What Should I Do If I’ve Been Charged with Robbery or Theft?
If you have been charged with robbery or theft, it will be integral to:
Do not speak to the police or participate in an interview without seeking legal advice.
Save any footage, text or communications available.
Note your version of events for discussion with your lawyer.
Do not speak to the complainant or prosecution witnesses.
Call Elite Defence Lawyers immediately.
Why Choose Elite Defence Lawyers for Robbery or Theft Charges?
At Elite Defence Lawyers, we have extensive experience defending clients charged with robbery, stealing, and other dishonesty offences across Greater Sydney. Our team understands the complexity of these cases—from larceny and stealing from a person to armed or aggravated robbery—and has a proven record of achieving favourable results, including withdrawn charges, downgraded offences, and reduced penalties.
We know that being accused of a serious offence can be overwhelming, but even the toughest cases can be defended with the right strategy. Our lawyers provide clear, practical advice, working tirelessly to protect your rights and future at every stage.
With 24/7 availability, fixed fees, and experienced representation in all NSW courts, you can trust Elite Defence Lawyers to act quickly and effectively.
Contact us today for a free case assessment and get the defence you deserve.
