What the law states
Section 94 of the Crimes Act (NSW) 1900 states:
Whoever:
robs or assaults with intent to rob any person, or
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.
Therefore the offence of robbery or stealing from the person involves robbing, assaulting, stealing chattels or other valuables from another person, without the use of any weapons. During this, the victim is not harmed.
Example of this offence
An example of stealing from the person is stealing somebody’s bag whilst they are walking by pulling the bag off their shoulder.
Penalty
The maximum sentence for robbery and stealing from a person is 14 years imprisonment.The maximum penalty is much higher than the maximum penalty for larceny because it involves an element of force, instilling fear. However, it is the purpose of the force that is being used that is also relevant. It is important when someone is charged with this serious offence to determine whether they have perhaps been incorrectly charged with robbery when it should just be a larceny charge.
Defences
Some defences available to this offence include duress, necessity, intoxication and self-defence.
How can Prime Lawyers help you?
Just because you have been charged with the offence of Robbery and Stealing from the Person, does not mean you are guilty of the offence.
We will investigate the charge against you and advise you on whether you should plead guilty or not guilty at court. Upon investigating your charge we may believe that the evidence against you is so weak that we will request the charge be dropped by the Prosecution.
As imprisonment is a possible penalty for this offence, you can be assured that we do not treat these matters lightly. Our criminal defence lawyers are experienced in dealing with this charge and will fight at court to protect your rights.