Robbery Charges
Clear advice on penalties, defences and what to expect through the Local and District Courts.
Robbery, and the related offence of stealing from the person, is created by section 94 of the Crimes Act 1900 (NSW). It is committed where a person steals property directly from another, or from their immediate presence, using force, threatening force, or otherwise putting them in fear at the time of the taking. What separates robbery from ordinary larceny is this element of force or fear directed at a person — without it, the conduct is more likely to be charged simply as stealing.
Robbery carries escalating maximum penalties depending on the circumstances. Where the offence is committed while armed with an offensive weapon or instrument, or in the company of another person, a significantly higher maximum penalty applies. Where the offender wounds the victim or causes grievous bodily harm during the robbery, the maximum penalty increases further still. These aggravated tiers are strictly indictable and can only be finalised in the District Court, reflecting how seriously the courts treat violence or the threat of violence used to take property.
Because robbery usually arises from a confrontation, identification of the offender, the specific words or conduct said to constitute the threat, and any weapon allegedly used are often the central evidentiary issues. CCTV from retail premises, ATMs or public transport, together with any recovered property, frequently forms the core of the prosecution case. Given how seriously bail is treated for more serious robbery matters, early advice on both the charge itself and any bail application is critical.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Robbery or stealing from the person (s94 Crimes Act 1900) | 14 years imprisonment | The base offence, applying where no statutory aggravating circumstance is present. Lower-level examples can sometimes be dealt with summarily in the Local Court, capped at 2 years imprisonment, unless either party elects for the matter to proceed on indictment. |
| Robbery in circumstances of aggravation — armed or in company (ss95, 97) | 20 years imprisonment | Applies where the offender was armed with an offensive weapon or instrument, or acted in the company of one or more other people. Strictly indictable and dealt with in the District Court. |
| Robbery with wounding or grievous bodily harm (ss96, 98) | 25 years imprisonment | The most serious tier, applying where the victim was wounded or suffered grievous bodily harm during the robbery. Dealt with exclusively in the District Court. |
| Aggravating factors | Sentence increased within the applicable maximum | The value of property taken, the vulnerability of the victim, planning and sophistication, and any prior record of similar offending are all significant considerations at sentencing. |
Possible Defences
Ways this charge can be challenged
No force or threat directed at a person
Robbery requires that force was used, threatened, or that the victim was put in fear at the time property was taken. Where property was simply taken without any confrontation, threat or use of force — for example, an unattended bag — the appropriate charge is larceny rather than robbery.
Identification
Robbery matters are frequently prosecuted on CCTV, eyewitness accounts and recovered property rather than an offender being apprehended at the scene. Where the evidence connecting the accused to the offence is weak, inconsistent, or open to an alternative explanation, identification is often a genuine issue at trial.
Duress
Where a person participated in a robbery only because they were compelled to by an immediate and genuine threat to their own safety or that of another, the defence of duress may be available, though it is applied narrowly and requires evidence of a real, pressing threat with no safe means of escape.
No intention to permanently deprive
Like larceny, robbery requires an intention to permanently deprive the owner of the property taken. Where this intention cannot be established — for example, property was taken in the course of a dispute over its ownership with an honest claim of right — the offence may not be made out.
What Happens Next
The Local Court process
- 01
Following an arrest, bail is assessed and, for more serious robbery matters, is frequently treated as a "show cause" matter under the Bail Act 2013, meaning the accused must first satisfy the court that continued detention is not justified.
- 02
At the first mention, a plea of guilty or not guilty is entered, and a decision is made as to whether the matter can remain in the Local Court or must proceed towards the District Court, depending on the presence of any aggravating circumstances.
- 03
Where the matter stays in the Local Court, a not guilty plea leads to service of the brief, including CCTV and any forensic evidence, before a defended hearing.
- 04
Where aggravating circumstances are alleged, the matter proceeds through committal in the Local Court before arraignment and either a jury trial or a sentencing hearing in the District Court.
- 05
At any hearing or trial, the prosecution must prove the taking, the use or threat of force, and any aggravating circumstances relied upon beyond reasonable doubt, while the defence can challenge identification and raise any available defence.
- 06
On a finding of guilt or a guilty plea, sentencing follows, with the court weighing the degree of force or fear involved, any weapon used, injury caused, the accused’s role and record, and personal circumstances.
Frequently Asked Questions
Common questions
Larceny involves simply taking property without the owner’s consent, while robbery additionally requires that force was used, threatened, or that the victim was put in fear at the time of the taking. The presence of that confrontation element is what elevates a theft to a robbery charge.
No. The base robbery offence under section 94 does not require a weapon — a threat or use of force alone is enough. Being armed with an offensive weapon, or acting in company, moves the matter into the higher-penalty aggravated categories rather than being an element of the base offence.
It depends on the seriousness of the specific charge. Aggravated robbery matters are frequently classified as "show cause" offences under the Bail Act 2013, meaning bail will be refused unless the accused can demonstrate why their continued detention is not justified, in addition to satisfying the usual unacceptable risk test.
A person can be criminally liable for robbery as a participant in a joint criminal enterprise even without personally confronting the victim, provided they knowingly assisted or encouraged the offence. The precise nature and extent of the accused’s involvement is central to how liability and any available defences are assessed.
The value of the property is relevant to sentencing but does not change the elements of the offence itself — even a robbery involving a low-value item can still attract a serious penalty because the offence is defined by the use of force or fear, not the value taken.
Lower-level, unaggravated robbery matters can sometimes be dealt with summarily in the Local Court, but robbery involving a weapon, company, or injury to the victim is strictly indictable and must proceed to the District Court following committal.
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