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In NSW, stealing, theft and robbery are considered serious offences. There are many criminal offences that cover different factual scenarios – such as stealing from a store, a person or committing a robbery. It is important to seek legal advice from an experienced criminal lawyer at an early stage as this can affect the outcome of your case.
Robbery and theft charges take many forms, with a wide array of offences and penalties. In New South Wales, the Crimes Act 1900 covers many such offences – including larceny, stealing from a person, stealing from your employer, extortion, embezzlement and break and enter.
Some of the common theft and robbery charges are:
| Offence | Description | Maximum penalty |
| Larceny | This involves unlawfully taking someone else’s property without their consent. | Local Court – $2,200 and 2 years imprisonment
District Court – 5 years Note: these can vary depending on the value of the property |
| Robbery | This involves a combination of larceny and an assault. It involves the stealing of property by violence, or causing the other person to fear violence, and the property must be taken from the immediate personal care and protection of the other person. | Local Court – $11,000 and 2 years imprisonment
District Court – 14 years imprisonment |
| Aggravated robbery | This involves committing a robbery in a circumstance of aggravation (using corporal violence, inflicting actual bodily harm or depriving the person of their liberty) | Local Court – N/A
District Court – 20 years imprisonment |
| Armed robbery | This involves committing robbery while armed with an offensive weapon or instrument (such as a firearm or knuckle dusters) | Local Court – N/A
District Court – 20 years imprisonment |
| Stealing a motor vehicle | Unlawfully taking someone else’s vehicle without their permission. | Local Court – $11,000 and 2 years imprisonment
District Court – 10 years imprisonment |
| Take and drive a conveyance without consent | This involves taking and driving a car, or other motor vehicle, without the consent of the owner. It also includes taking a vehicle for the purpose of driving it at a later time. | Local Court – $5,500 and 2 years imprisonment
District Court – 5 years imprisonment |
| Possession of housebreaking implements | Having any implements for use in breaking into a premises without a lawful excuse. | Local Court – $5,500 and 2 years imprisonment
District Court – 7 years imprisonment |
There are many offences a person can be charged with for taking or obtaining property. What they are charged with will often depend on the circumstances – including how that property was taken, its value and any representation to the owner of the property.
When considering the penalties to impose, the Court will consider a number of different factors. These can include the seriousness of the offence, a person’s criminal history, age, personal circumstances and whether a plea of guilty has been entered.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Under NSW law, theft and robbery are distinct offences with different legal definitions and penalties:
Theft involves unlawfully taking someone else’s property with the intent to permanently deprive the owner of it. This can include shoplifting or stealing from a vehicle. Theft does not involve the use of force or intimidation.
Robbery involves using force or intimidation to steal from someone. This offence requires that the accused used violence, or the threat of violence, during the act of theft. Robbery is considered more severe than theft due to this additional element.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
In NSW, the penalties for robbery and theft vary based on the specific offence and circumstances. Here is a basic outline of the penalties that apply for common robbery and theft offences:
| Robbery | The maximum penalty for a basic robbery charge is 14 years imprisonment. Aggravating factors such as physical violence, kidnapping, wounding the victim, armed robbery, or committing the offence in the presence of others can increase the penalty. |
| Aggravated Robbery | This offence carries a maximum penalty of 20 years imprisonment. |
| Robbery with Wounding | If the robbery involves wounding, the maximum penalty is 25 years imprisonment. |
| Demanding Property with Intent to Steal | This crime has a maximum penalty of 10 years imprisonment. |
| Theft | Penalties for theft depend on the offence’s nature and the property’s value. Theft can be treated as either a summary or indictable offence. |
| Shoplifting | Penalties for shoplifting can vary, such as from non conviction to sentences of full time imprisonment. |
Courts will consider various factors when determining penalties, including the defendant’s criminal history, age, financial situation and family circumstances.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
There are a number of different strategies for defending robbery and theft charges. This will depend on the nature of the evidence and the circumstances of each individual case.
Some available defences to these types of charges may include:
| Incorrect identification | The Police are required to prove that you were the person who committed the offence. Your identity as this person must be proven beyond reasonable doubt. |
| Claim of right | The person honestly believed they had a legal right to the property, even if their belief is mistaken. |
| Duress | This defence requires the criminal acts to be because of threats of death or really serious injury to you or a member of your family – and the nature of those threats are such that a person of ordinary firmness, of same maturity and sex, and in your position – would have given in to them and committed the crime demanded of them. |
| Necessity | This defence requires that:
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Our team will evaluate your specific case and help determine the best defence strategy based on your situation.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
When facing robbery or theft charges, having expert legal support is essential. An experienced lawyer will assess the evidence against you, develop a tailored defence strategy, and represent you in court. They can negotiate with the prosecution to seek reduced charges or more favourable plea deals and offer expert guidance and support throughout the legal process.
At Morrisons, we provide over 75 years of combined experience handling robbery and theft cases in NSW. Contact us today for a free initial consultation to discuss your legal options and work towards the best possible outcome for your situation.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The maximum penalty for robbery in Australia varies by state but can be up to 14 years in prison, with more severe penalties for armed or aggravated robbery.
Stealing (or theft) involves unlawfully taking property, robbery includes force or threats, and burglary involves unlawfully entering a property with intent to commit a crime (such as stealing).
The minimum penalty depends on the severity of the offence and the state’s laws, but robbery can result in fines, community service or lengthy terms of imprisonment.
Yes, theft is a criminal offence that involves unlawfully taking someone else’s property with the intent to permanently deprive them of it. This is often called larceny.
The lowest theft charge is usually larceny, which typically involves stealing low-value items and may result in fines or community-based penalties.