At Chidiac & Associates, we provide experienced criminal defence representation to clients facing robbery and stealing charges throughout Sydney and New South Wales. We carefully examine the circumstances of the allegation, the Prosecution evidence and the accused person's alleged involvement.

What is Stealing?

The principal offence of stealing is contained in section 117 of the Crimes Act 1900 (NSW).

A person commits stealing where they steal property.

Stealing generally involves taking property belonging to another person with the intention of permanently depriving the owner of it.

Examples may include:

• taking property from a person's home;
• shoplifting;
• stealing a motor vehicle;
• taking property from a workplace;
• taking money or valuables;
• stealing from an employer; or
• dishonestly taking property entrusted to the accused.

The circumstances and value of the property can affect the way the matter is dealt with and the potential penalty.

What is Robbery?

Robbery is a more serious offence involving stealing accompanied by violence or threats of violence.

Under section 94 of the Crimes Act 1900 (NSW), a person commits robbery where they steal and, immediately before or at the time of the stealing, use or threaten to use actual violence towards another person or property.

Robbery can include allegations such as:

• taking property while threatening a person;
• demanding money while using or threatening violence;
• forcibly taking property from another person; or
• using violence during a theft.

The presence and nature of violence or threats are important factors distinguishing robbery from ordinary stealing.

Elements of Stealing

To prove stealing, the Prosecution must establish the relevant elements beyond reasonable doubt.

Generally, the Prosecution must establish that:

1. Property was taken;
2. The property belonged to another person or was in another person's possession or control;
3. The accused acted dishonestly; and
4. The accused intended to permanently deprive the owner of the property.

Issues concerning ownership, consent, dishonesty and intention can therefore be central to a stealing Prosecution.

Elements of Robbery

A robbery Prosecution generally requires the Prosecution to establish:

1. A stealing occurred;
2. The accused used or threatened actual violence;
3. The violence or threat occurred immediately before or at the time of the stealing; and
4. The accused was responsible for the conduct alleged.

The Prosecution must prove the relevant elements beyond reasonable doubt.

What Are the Penalties for Stealing?

Under section 117 of the Crimes Act 1900 (NSW), the maximum penalty for stealing is:

5 years' imprisonment

However, the applicable penalty can depend upon the value and circumstances of the property and whether the matter is dealt with summarily or on indictment.

Certain types of stealing have separate offences and penalties under the Crimes Act, including specific offences concerning motor vehicles, property in particular circumstances and stealing by persons in particular positions.

What Are the Penalties for Robbery?

Robbery carries substantially higher penalties than ordinary stealing.

Under section 94 of the Crimes Act 1900 (NSW), the maximum penalty for robbery is:

14 years' imprisonment

More serious forms of robbery, including robbery while armed or in company, are subject to separate offences and significantly higher maximum penalties.

Those offences should be considered separately from ordinary robbery.

Robbery and Stealing Penalties at a Glance

These are maximum penalties. The sentence imposed depends upon the circumstances of the individual offence and offender.

Defending a Stealing or Robbery Charge

Being charged does not mean that you are guilty. The Prosecution bears the burden of proving the relevant offence beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the accused did not take the property;
• the property did not belong to another person;
• the accused had consent or lawful authority;
• there was no dishonest intention;
• the accused did not intend to permanently deprive the owner;
• the alleged violence or threat did not occur;
• mistaken identity;
• unreliable or inconsistent witnesses;
• CCTV or other evidence does not support the allegation; or
• the Prosecution cannot establish the required elements.

The appropriate defence depends upon the evidence in the individual matter.

Evidence in Robbery and Stealing Cases

The Prosecution may rely upon:

• CCTV footage;
• photographs;
• fingerprints or DNA;
• eyewitness evidence;
• electronic communications;
• financial records;
• admissions;
• recovered property; and
• police body-worn camera footage.

At Chidiac & Associates, we carefully examine the evidence to identify inconsistencies, weaknesses and issues that may be relevant to the defence.

Sentencing for Robbery and Stealing

When determining sentence, the court may consider:

• the value and nature of the property;
• the circumstances of the offending;
• whether violence or threats were involved;
• the degree of planning;
• whether weapons were involved;
• the offender's role;
• the offender's criminal history;
• whether the property was recovered;
• remorse and prospects of rehabilitation;
• personal circumstances; and
• whether an early guilty plea was entered.

For robbery, the nature and degree of violence or intimidation will generally be particularly important.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your charges;
• detailed analysis of the Prosecution evidence;
• assessment of CCTV, witness and forensic evidence;
• advice concerning potential defences;
• representation at court;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.