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Charged with Robbery? What You Need to Know
Robbery is one of the most serious property offences in NSW. Unlike larceny or theft, robbery involves the use of force or the threat of force against another person, and the law treats it accordingly. Even the basic offence under section 94 of the Crimes Act 1900 (NSW) carries up to 14 years imprisonment, and aggravated forms can attract sentences of up to 25 years.
If you have been charged with robbery, obtaining early advice from experienced Criminal Lawyers is critical. Our Burwood-based Defence Team assists Clients throughout the criminal justice Process, helping protect their Rights from the first Police interview through to hearings in the Courts.
As a leading Criminal Law Firm in Australia, we provide clear guidance, practical Support, and Tailored strategies for robbery Cases of all levels of seriousness.
If you have been charged with robbery in Burwood, Sydney CBD, or Parramatta, the matter will almost certainly proceed to the District Court. The strength of your early legal representation and bail strategy often determines what happens next.
The Australian Legal Practice offers free initial consultations and direct access to principal criminal lawyers across Sydney. Call (02) 8084 9929 any time, day or night, for urgent advice including bail applications.
Our lawyers regularly appear in Burwood and across Sydney, representing clients in a wide range of criminal matters. While this page focuses on robbery offences, our team also offers services relating to drug offences, traffic matters, drink driving allegations, and other criminal cases.
Every lawyer in our firm is committed to providing clear advice and expert defence representation tailored to each client’s circumstances.
What Is Robbery?
Robbery is the offence of taking property from another person, or in their immediate presence, by the use of force or the threat of force. It combines elements of both larceny and assault, and is sometimes described as a “hybrid” offence.
The critical distinction between robbery and larceny is the use or threat of force. Without that element, the offence is theft or larceny, not robbery. The force or threat does not need to be severe. Pushing, grabbing, brandishing a weapon, or making intimidating gestures can all satisfy the element.
Robbery covers a wide range of conduct, including:
- Mugging or street robbery, where property is taken from a person by force
- Bag snatching with confrontation, where the snatch involves the use of force
- Armed robbery of a business, such as a service station, bank, or convenience store
- Home invasion robbery, where occupants are confronted during the offence
- Robbery in company, involving two or more offenders acting together
- Carjackings, where a vehicle is taken from a driver by force
Robbery Under Australian Law
Robbery offences in NSW are contained in sections 94 to 98 of the Crimes Act 1900 (NSW). Each section addresses a different combination of force, weapons, accomplices, and resulting harm.
Offence | Section | Maximum Penalty |
Robbery or assault with intent to rob, or stealing from the person | s 94 | 14 years |
Robbery with circumstances of aggravation | s 95 | 20 years |
Aggravated robbery with wounding or GBH | s 96 | 25 years |
Armed robbery or robbery in company | s 97(1) | 20 years |
Robbery with a dangerous weapon | s 97(2) | 25 years |
Armed robbery with wounding or GBH | s 98 | 25 years |
Circumstances of aggravation under section 95(2) are circumstances that, immediately before, at the time of, or immediately after the robbery, involve any of the following:
- The offender uses corporal violence on any person
- The offender intentionally or recklessly inflicts actual bodily harm on any person
- The offender deprives any person of their liberty
“Offensive weapon or instrument” (s 4 of the Crimes Act) includes any weapon, or anything used, intended for use, or threatened to be used to cause injury or fear. This is a broad category that can include household items if used in a threatening way.
“Dangerous weapon” (s 4) is more limited and includes a firearm within the meaning of the Firearms Act 1996, a prohibited weapon within the Weapons Prohibition Act 1998, or a spear gun.
“In company” means two or more persons physically present, acting with a shared purpose and intention.
All robbery offences under sections 94 to 98 are strictly indictable. They must be heard in the District Court and cannot be dealt with summarily in the Local Court. Most aggravated robbery offences are also show cause offences for bail purposes under the Bail Act 2013 (NSW).
What Must the Prosecution Prove?
The elements that the prosecution must prove beyond reasonable doubt depend on the section charged.
For section 94 (basic robbery), the prosecution must prove:
- The accused took property from another person, or from their immediate presence
- The taking was against the will of the owner or possessor
- The accused used force or threatened to use force
- The force or threat occurred immediately before, or at the time of, the taking
- The accused intended to permanently deprive the owner of the property
For aggravated robbery (s 95), the prosecution must additionally prove a circumstance of aggravation (corporal violence, actual bodily harm, or deprivation of liberty).
For armed robbery (s 97(1)), the prosecution must prove the accused was armed with an offensive weapon, or was in the company of another person.
For robbery with a dangerous weapon (s 97(2)), the weapon must be a firearm, prohibited weapon, or spear gun.
If the prosecution cannot prove any one of these elements, the charge fails. Where an aggravated charge is not established, an alternative verdict on the basic offence may be open.
Because robbery charges are serious criminal allegations, obtaining expert advice as early as possible can significantly affect the outcome. Our robbery lawyers Burwood team carefully review police evidence, identify weaknesses in the prosecution case, and work to protect the Rights of Clients throughout the Process.
Penalties for Robbery in NSW
The maximum penalties for robbery offences are among the most severe in NSW criminal law. The Local Court has no jurisdiction over any robbery offence.
Offence | Maximum Imprisonment | Typical Average Sentence (NPP) |
s 94 robbery | 14 years | 4 years (2.5 years NPP) |
s 95 aggravated robbery | 20 years | 4 years (3 years NPP) |
s 96 with wounding or GBH | 25 years | Higher, depending on injury |
s 97(1) armed robbery or in company | 20 years | 4 years (2 years NPP) |
s 97(2) dangerous weapon | 25 years | Higher, often 5+ years |
s 98 with wounding or GBH | 25 years | Higher, often 6+ years |
The figures above are derived from published sentencing statistics and are indicative only. Actual sentences vary widely based on the facts.
The guideline judgment in R v Henry (1999) 46 NSWLR 346 sets out the principal sentencing factors for armed robbery under section 97(1): the objective seriousness of the offence, level of planning, nature and use of the weapon, vulnerability of the victim, use of disguises, multiple offenders or organised activity, and the age, prior record, and personal circumstances of the offender.
Sentencing options:
- Full-time imprisonment (the most common outcome for robbery)
- Intensive Correction Order (ICO), available for less serious matters and good prospects of rehabilitation
- Community Correction Order (CCO), rare for robbery
Section 10 dismissals and non-custodial outcomes are very rare for robbery offences given the seriousness of the conduct.
Possible Defences Against Robbery
Several defences can result in a robbery charge being dismissed, withdrawn, or reduced.
- Mistaken identity: A very common issue in robbery matters, particularly where witness identification is brief or stressed, or where CCTV is unclear
- No force or threat: If the prosecution cannot prove force or threat coinciding with the taking, the offence at most amounts to larceny
- The elements did not coincide: Where the threat occurred after the property was taken (Emery (1975) 11 SASR 169), the offence is not robbery
- Claim of right made in good faith: A genuine belief that the accused had a legal right to the property, even if mistaken
- Lack of intent to permanently deprive: A genuine intent to return the property
- Duress or necessity: The accused was forced to act by threats or to avoid imminent greater harm
- No participation in aggravation: For aggravated, armed, or in-company charges, demonstrating that the accused did not participate in the aggravating element
- Mental health condition: A section 14 order under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
The prosecution case in robbery matters often rests on victim identification, CCTV footage, and accomplice evidence. A skilled criminal lawyer at The Australian Legal Practice will examine the chain of evidence carefully.
Every robbery matter is different, which is why our defence lawyers develop tailored strategies based on the specific facts, evidence, and issues involved. Our team has represented clients facing a broad range of criminal cases throughout Burwood and other local courts and district courts across New South Wales.
Your Options When Charged with Robbery
Once you are charged with robbery, you generally have three pathways to resolve the matter.
- Negotiate with the prosecution. In appropriate cases, your lawyer at The Australian Legal Practice can engage with the Office of the Director of Public Prosecutions to negotiate a reduction in charge. An aggravated charge under section 95 or 97 can sometimes be reduced to basic robbery under section 94, or further reduced to larceny under section 117. This typically requires strong submissions on the evidence and on the absence of aggravating elements.
- Plead not guilty and contest the matter. Where there is a genuine defence (most commonly identity), or where the prosecution evidence is weak on a particular element, the matter can proceed to trial. Robbery trials often turn on identification evidence, witness reliability, and forensic material.
- Plead guilty and focus on the best possible sentence. Where the evidence is strong and no defence applies, an early plea of guilty attracts a sentencing discount of up to 25% and demonstrates remorse. The focus then shifts to securing the most favourable possible sentence and, where applicable, the shortest non-parole period. Strong character references, evidence of rehabilitation, mental health reports, and restitution to victims are all relevant.
The right strategy depends on the strength of the prosecution case, the seriousness of the alleged conduct, and your personal circumstances.
Navigating the criminal justice process can be overwhelming for both the accused and their family. Our experienced criminal lawyers provide clear advice and ongoing support at every stage, ensuring clients understand their rights, options, and the likely outcomes of their cases.
Whether dealing with police investigations, court appearances, or sentencing proceedings, our team works to offer practical and effective defence strategies.
Why Choose The Australian Legal Practice for Robbery Charges
The Australian Legal Practice is a Sydney-based criminal law firm well placed to defend robbery charges across Burwood, Sydney CBD, and Parramatta.
Our firm is proud to serve Burwood and the surrounding local communities. Clients choose our lawyers because we offer responsive communication, expert legal representation, and clear advice throughout the criminal justice process.
We understand the impact serious charges can have on you and your family, and we work hard to provide practical support from start to finish.
- Three court-adjacent offices: Burwood, Sydney CBD (Chifley Tower), and Parramatta, with experience in the District Court at Downing Centre and Parramatta
- 24/7 availability: Direct access to arrange a consult with lawyers on (02) 8084 9929, including for urgent police station representation and bail applications
- Free initial consultation: Understand your options and the realistic outcomes before committing to any legal action
- Principal-level representation: Every matter is managed by senior solicitors with experience in District Court trials and sentencing
- Show cause bail expertise: Aggravated and armed robbery offences require show cause bail applications, and we prepare urgent applications at short notice
- Trial-ready preparation: Robbery matters often turn on contested identification and forensic evidence, and we prepare every matter with trial in mind
- Comprehensive criminal services: In addition to robbery matters, our criminal lawyers assist clients with drug offences, traffic offences, drink driving matters, and other serious criminal cases. This broad experience allows our team to provide tailored defence advice across a wide range of legal issues.
When searching for robbery lawyers Burwood, it is important to choose a defence team with experience handling complex criminal cases. Our lawyers regularly appear before local courts and district courts throughout Sydney and are committed to protecting the rights of clients facing serious allegations.
Call our experienced solicitors now on (02) 8084 9929 to arrange a free consultation.
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Frequently Asked Questions
Our Robbery lawyers Burwood team frequently receive questions from clients and their family members about the criminal process, police investigations, defence options, and court procedures. The following answers provide clear and practical advice on some of the most common issues that arise in robbery cases.
The critical difference is the use or threat of force. Robbery is larceny plus force or threat of force used immediately before or during the taking. Without that force or threat, the offence is larceny under section 117 of the Crimes Act 1900 (NSW), not robbery.
No. All robbery offences under sections 94 to 98 of the Crimes Act 1900 (NSW) are strictly indictable and must be heard in the District Court. The Local Court has no jurisdiction.
“In company” means the accused committed the robbery with one or more other persons physically present, acting with a shared purpose. Being “in company” is an aggravating element under section 97(1), increasing the maximum penalty from 14 to 20 years.
An “offensive weapon or instrument” is broad and includes anything used, intended, or threatened to be used to cause injury or fear (a knife, an iron bar, even an unloaded gun). A “dangerous weapon” is more limited and means a firearm, prohibited weapon, or spear gun. Using a dangerous weapon increases the maximum penalty under section 97(2) to 25 years.
Bail depends on the seriousness of the alleged offence and your personal circumstances. Aggravated and armed robbery offences are show cause offences under the Bail Act 2013 (NSW), meaning the accused must demonstrate why detention is not justified. Urgent bail applications can be prepared and presented by our criminal lawyers at short notice, including at the Parramatta weekend bail court.
Choosing experienced robbery lawyers Burwood can make a significant difference to the outcome of serious criminal cases. Our firm provides expert advice, tailored defence strategies, and ongoing support throughout the entire process. Our lawyers regularly assist clients appearing before local courts and district courts, deal with police investigations, and protect the rights of individuals facing robbery allegations across Burwood and wider New South Wales.
Yes. In addition to robbery cases, our team provides services relating to drug offences, traffic matters, drink driving charges, and a wide range of other criminal law issues. We offer comprehensive legal support for clients and their family members who require experienced defence representation.
