Robbery involves stealing using violence or the threat of violence. The exact charge matters because different robbery offences have different elements and maximum penalties.
If you have been charged, check the section number on your court attendance notice. This guide explains the main charges, court process and evidence a lawyer may examine.
At a glance: Basic robbery under section 94(a) carries a maximum of 14 years’ imprisonment on indictment. More serious forms carry a maximum of 20 or 25 years. Some section 94 cases can be finalised in the Local Court, where lower sentencing limits apply.
Get advice before a police interview and check your court date and bail conditions.
What must the prosecution prove for robbery?
To prove robbery, the prosecution must show beyond reasonable doubt that someone dishonestly took property from another person, meant to keep it permanently, and used force or made the person afraid of violence.
The force or fear must be connected to taking the property. A threat made only after the property was taken does not automatically make theft robbery.
This distinguishes robbery from ordinary theft. A separate offence under section 94(b) of the Crimes Act 1900 (NSW) covers stealing from a person without robbery’s force-or-fear element.
What are the maximum penalties for robbery in NSW?
The maximum penalty depends on the charge. These are the maximum prison sentences for cases dealt with on indictment. They are not predictions of the sentence in a particular case.
| Offence | Crimes Act provision | Maximum imprisonment |
|---|---|---|
| Robbery or assault with intent to rob | Section 94(a) | 14 years |
| Robbery or assault with intent to rob in circumstances of aggravation | Section 95 | 20 years |
| A section 95 offence causing wounding or grievous bodily harm | Section 96 | 25 years |
| Robbery or assault with intent to rob while armed with an offensive weapon or instrument, or in company | Section 97(1) | 20 years |
| A section 97(1) offence while armed with a dangerous weapon | Section 97(2) | 25 years |
| Robbery or assault with intent to rob while armed or in company, with wounding or grievous bodily harm immediately before, during or immediately after the offence | Section 98 | 25 years |
The robbery provisions in Part 4, Division 2 set out these offences. For example, “grievous bodily harm” refers to really serious injury and has a statutory definition that includes particular serious harms.
Actual sentencing depends on the offence’s seriousness and the person’s circumstances. The Judicial Commission’s sentencing guidance makes clear that armed robbery ordinarily calls for full-time imprisonment, subject to exceptional circumstances. A first offence does not guarantee a non-custodial result.
What makes a robbery aggravated or armed?
“Aggravated”, “armed” and “in company” have specific legal meanings.
Section 95 covers robbery involving violence, actual bodily harm, or depriving someone of their liberty. Section 97 covers robbery involving a weapon or another person. A “dangerous weapon” includes firearms, prohibited weapons and spear guns.
“In company” means another person was involved in the offence, not simply that a bystander was present.
Which court hears a robbery charge?
Basic robbery under section 94(a) can be dealt with in the Local Court unless the prosecution or the accused chooses to have it heard in a higher court. If the Local Court deals with it, the maximum sentence is two years. If it is dealt with on indictment, the maximum is 14 years.
More serious robbery charges are usually dealt with in the District Court.
Your rights and what you can do now
You can obtain advice before deciding whether to answer police questions. Preserve information that may help establish what happened, without approaching witnesses to influence their account.
- Keep your paperwork. Bring the court attendance notice, police facts, bail documents and any property seizure receipts to your lawyer.
- Identify evidence promptly. Note possible CCTV locations, travel records, transactions and witnesses. Your lawyer can advise how to seek material before it is lost or overwritten.
- Keep original records. Preserve complete messages and photographs. Do not edit or delete material or ask anyone else to do so.
- Check conditions and dates. Follow bail conditions and attend required court appearances. Ask about any condition you do not understand.
- Seek interview advice. You generally have a right to silence, with exceptions. Do not assume informal conversations are separate from the investigation.
How could a lawyer help your case?
A lawyer can check whether the evidence supports the robbery charge and any claimed aggravating feature. They can also advise on bail, court, whether to plead guilty or not guilty, and what may help if a plea is made.
Issues can include identification, when any threat was made, whether the person intended to keep the property, and each person’s role. A lesser charge or avoiding jail is never guaranteed.
Frequently asked questions
Can I be charged if nothing was stolen?
Yes. Assault with intent to rob is an offence even where no property is ultimately taken. Attempted robbery may also arise.
The prosecution must prove the elements of the particular charge.
Does being with someone who commits robbery make me responsible?
Not automatically. Liability depends on the evidence and the legal basis alleged, including any agreement or assistance. Being an uninvolved bystander is different from taking part in a joint plan.
Can returning the property end the case?
Returning property does not automatically undo an alleged robbery. It may be relevant to the circumstances considered by the court, but the prosecution can continue. Get advice before attempting to contact anyone about returning property.
Is the maximum sentence the likely sentence?
No. A maximum sets the statutory limit for the offence in the relevant court. Sentencing requires an individual assessment, although robbery can attract substantial imprisonment even where the property has a low value.
How O’Brien Criminal & Civil Solicitors can help
Our theft and robbery lawyers can review the charge, explain the prosecution case and advise on your response. For related process information, see our NSW bail applications guide.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
