robbery

Robbery/Stealing/Theft

Stealing and robbery offences involve the unauthorised removal of another person’s property, with the intention of permanently depriving them of it. Stealing is different from robbery because it is generally non-violent in nature.

If you have been charged with a robbery of stealing offence CALL 1800 438 688 for a free case assessment.

When you contact us we will be able to advise you of the best legal strategy to get the best possible outcome.

What else can we do for you?What else can we do for you?

Which court will I be going to? ­

The courts determine whether you will be appearing in the Local or District Court according to the seriousness of the offence. If the offence is an indictable one this can only be finalised in the District Court. Alternatively if the matter can be dealt with summarily (see T1 or T2 on your charge sheet) it is automatically dealt summarily in the Local Court unless either the DPP or yourself elect for the matter to go to the District Court.

Stealing

There are several acts defined by the Crimes Act that constitutes this offence. Stealing includes the taking, extorting, obtaining, embezzling, or otherwise disposing of the property in question. (Section 187, Crimes Act 1900)

To be found guilty of stealing you must have some essential elements including;

  • that the property must belong to someone other than the accused;
  • it must be taken and carried away; and
  • the taking must be without the consent of the owner of the property.

Other mental requirements (mens rea): there are an additional three elements which relate to the accused’s mental state at the time of the taking, namely

  • the property must be taken with the intention of permanently depriving the owner of it;
  • the property must be taken without a claim of right made in good faith; and
  • the property must be taken dishonestly.

Robbery Offences

The maximum penalty for the charge of robbery/stealing from the person is 14 years imprisonment.

Click link for the law

However the court has the option to impose a range of sentences including but not limited to:

  • Suspended sentence
  • Community Service Order
  • Intensive Correction Order
  • Periodic Detention
  • Issuing a Good Behaviour Bond
  • Imposing a fine
  • Imprisonment
  • Section 10 – assault proven but dismissed.

Penalties for robbery/stealing from the person vary depending on whether it is a first offence heard in the Local Court or a more serious/repeat offence, which will probably be heard in the District Court. These range from a suspended sentence with supervision under Section 12 of the Sentencing Act to imprisonment for up to 3 years.

The content and any linked publications on this website are intended to only provide a general summary and overview on the subject of interest. It is not intended to be or constitute legal advice. Whilst we attempt to update the content the law is constantly changing on this basis we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content within this site or any other legal issue.

The maximum penalty for the charge of break, enter and steal is a fine of 50 penalty points and/or two years imprisonment.

Click link for the law

However the court has the option to impose a range of sentences including but not limited to:

  • Section 10: break, enter and steal proven but dismissed
  • Imposing a fine
  • Issuing a Good Behaviour Bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Correction Order
  • Home detention
  • Imprisonment

The content and any linked publications on this website are intended to only provide a general summary and overview on the subject of interest. It is not intended to be or constitute legal advice. Whilst we attempt to update the content the law is constantly changing on this basis we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content within this site or any other legal issue.