After a guilty plea or finding of guilt, the Court...
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Robbery is the unlawful act of taking away a property using actual violence or fear of actual violence, with the intention of permanently depriving the owner of it. Robbery is dealt with in Division 2 of the Crimes Act 1900 NSW.
Often people will confuse robbery with larceny. The offence of larceny is when you unlawfully steal someone’s property while robbery involves assaulting a person with the intention of robbing or stealing from them.
The prosecution needs to prove the following beyond reasonable doubt:
It must be noted that the property must be taken from the person of another, in the presence of another, from the immediate personal care and protection of another.
If you have been charged with the criminal offence of fraud, you are innocent until proven guilty beyond reasonable doubt. The jury will review all available evidence and circumstances of the case and make a determination that you have been guilty of an offence. This concept was discussed by their Honour of Dixon CJ in Plomp v The Queen [1963] HCA 44; (1963) 110 CLR 234 at 242 where he said:
“All the circumstances of the case must be weighed in judging whether there is evidence upon which a jury may reasonably be satisfied beyond reasonable doubt of the commission of the crime charged”.
Section 94 Crimes Act 1900 NSW deals with the offence of robbery or stealing. It states that whoever robs or assaults with intent to rob any person or steals any chattel, money or valuable security from the
person of another shall be liable to imprisonment for 14 years. However, where the Crimes Act NSW 1900 NSW prescribes, greater punishment that shall be applicable. For example, if a person robs or steals from the person of another in circumstances that involve the use of physical violence, intentional or reckless infliction of bodily harm on a person or deprivation of any person of their liberty, the maximum penalty prescribed is imprisonment for 20 years.
Robbery when armed or in company carries a sentence period of 20 years.
Claim of right made genuinely, even if legally wrong means that the taking was not unlawful. This can be used as a defence to the crime. Additionally, duress can also be claimed as a defence to the crime.
You or the DPP (NSW Director of Public Prosecutions) can choose the District Court to handle the matter if the property has a value above $5000. if no elections is made then the matter is handled in the Local Court. similar, where the value of the property does not exceed $5000 the matter can be elected to be dealt with in the District court or if no election is agreed upon then the matter will be dealt in the Local Court.
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