Robbery is not defined in the Crimes Act 1900 (NSW), however in R v Foster (1995) 78 A Crim R 517 at 522, the court defined robbery as:
The essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige him to part with the property; in other words, the victim must be compelled by force or fear to submit to the theft.
There must be threat of violence or violence and theft at the time of the commission of the offence to constitute robbery.
In NSW, robbery is an offence pursuant to section 94 Crimes Act 1900, which states that:
Whosoever—
(a) robs or assaults with intent to rob any person, or
(b) steals any chattel, money, or valuable security from the person of another,
shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.
Armed Robbery
Armed robbery is an offence pursuant to section 97 Crimes Act 1900, which states that:
- Whosoever, 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,
shall be liable to imprisonment for twenty years.
In order for an act to constitute an armed robbery, the offender must have a weapon, instrument or be in company of another person while committing robbery.
During the current COVID-19 pandemic, stealing and robbing might seem like a quick way to get some money, but these offences are very serious in nature and in most circumstances custodial sentences are handed down in the NSW Courts.
On 12 April 2020, a 32-year-old man was charged with robbery whilst armed after the man threatened an employee in a convenience store with a knife at Kirribilli. Due to the serious nature of such offences the man was denied Police bail and appeared before Parramatta Local Court on 13 April 2020.
Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales. If your matter is at Blacktown Local Court, we are conveniently located within a walking distance from the Blackdown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.