Robbery or stealing from person – s 94 of the Crimes Act 1900

The maximum penalty for robbery or steal from person is imprisonment for 14 years.

The maximum penalty for steal from person, if dealt with in the Local Court is:

• A term of imprisonment of 2 years, or a fine of 100 penalty units – if the property taken exceeds $5000.00.  ss 267(2), (3) Criminal Procedure Act 1986.
• A term of imprisonment of 2 years, or a fine of 50 penalty units – if the property taken is less than $5000.00. s 268(2)(b) Criminal Procedure Act.
• A term of imprisonment of 2 years, or a fine of 20 penalty units – if the property taken is less than $2000.00. s 268(2)(b) Criminal Procedure Act.

Please note that the above penalties are reserved for the most serious cases only.

Robbery – s 94(a)

This option is recommended only where you accept that:

• you intended to permanently deprive the lawful owner of their property by taking it and carrying it away without their consent, and
• the property was taken from another person’s immediate care; and
• the property is taken by violence or by placing the victim in fear of actual violence.

Steal from person – s 94(b)

This option is recommended only where you accept that:

• you stole any chattel, money, or valuable security
• from the person of another (owner or person in lawful possession)

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
  • This is outcome is extremely rare, and would only be available for a steal from person offence, providing that the amount of property taken was well under $2,000.00, and exceptional circumstances warranted such an outcome.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An offender is placed under the supervision of Community Corrections.
  • Example of a CCO is performing service within the community, or being required to undertake mental health treatment.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

Robbery – s 94(a)

To prove this offence, the Prosecution must establish beyond a reasonable doubt that:

• you intended to permanently deprive the lawful owner of their property by taking it and carrying it away without their consent, and
• the property was taken from another person’s immediate care; and
• the property is taken by violence or by putting the victim in fear of actual violence.

Steal from person – s 94(b)

To prove this offence, the Prosecution must establish beyond a reasonable doubt that:

• you stole any chattel, money, or valuable security
• from the person of another (owner or person in lawful possession).
• There must be complete removal. (Partial removal may constitute an alternative verdict.)

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

NB: Alternative verdicts — On either charge under s 94 of the Crimes Act 1900, an alternative verdict of “attempt” is available. An alternative verdict of an assault with intent to commit the offence is also available: Criminal Procedure Act 1986, s 162. 

Defences

• The circumstances in which the victim handed over property EG.
  • A threat of violence is made after the property is stolen. See R v Foster (1995) 78 A Crim R 517.
  • Following an act of violence, an item or items are randomly stolen as separate incidents.
• A claim of right.
  • This is a bonafide belief that you were entitled to take the property.
• No intention to steal had been formed.
  • EG. intoxication rendered you incapable of forming the requisite intent.
  • However, intention can be inferred by the forceful taking of property
• No threat or force was inflicted on the victim.
• There was no intention to permanently deprive the owner of the property:
  • If the intent was formed afterwards, the charge cannot proceed to a conviction. (R v Weatherstone)
  • Intoxication may mean that you could not have formed the requisite intention.
• A Claim of right:
  • This is where you genuinely and honestly believed you had a claim of right or legal entitlement to the property.
  • The belief must be that you are entitled to the entire property as opposed to segments of it.
• Duress: circumstances or the threats of another compelled you to act in the manner you had. 

Necessity: Your actions were necessary to prevent a greater harm from occurring.