Theft & Robbery Lawyer Sydney & Nationwide
Robbery Charges Are Serious, Your Defence Should Be Too
Trusted & Recommended by Clients. LED by Accredited Specialists
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The O'Brien Advantage
We Examine Every Element of the Charge
Robbery requires proof of a number of distinct elements beyond reasonable doubt, force or threat of force, an intention to steal, and the circumstances of aggravation where a more serious charge is laid. We analyse each element of the prosecution case carefully and identify where it can be challenged.
Experience with Serious Property and Violent Offences
Robbery matters range from the Local Court through to the District Court and in the most serious cases the Supreme Court. We have experience at every level, brief experienced counsel for trial, and manage the full conduct of proceedings on your behalf.
Charge Negotiation
In some matters, the prosecution's charge does not accurately reflect the evidence. We engage with the prosecution early, where it is in your interest to do so, to explore whether a charge reduction or agreed statement of facts is available before any plea is entered.
Full Picture at Sentencing
Robbery charges often arise in circumstances involving youth, financial hardship, or involvement with others. We look at the full context and bring that picture to the sentencing hearing. Strong sentencing submissions can make a significant difference to the outcome.
ROBBERY OFFENCES WE DEFEND
Simple Robbery
Robbery with actual violence or with a threat of violence. Maximum penalty: 14 years imprisonment.
Robbery in Company / With Offensive Weapon
This is an “impairment offence.” The prosecution must prove that you were driving under the influence of a drug to the extent that you were incapable of having proper control of your vehicle. This offence is more serious and more difficult to prove.
First offence: Fine up to $2,200; automatic disqualification 3 years.
Second/subsequent offence: Fine up to $3,300; automatic disqualification 5 years.
Robbery Armed with a Dangerous Weapon
Where the offender is armed with a dangerous weapon — for example, a firearm, prohibited firearm, or spear gun. Maximum penalty: 25 years imprisonment. The distinction between an “offensive weapon” (s 97(1)) and a “dangerous weapon” (s 97(2)) is significant and can affect the severity of the charge.
Robbery in Circumstances of Aggravation
Where the robbery occurs in circumstances of aggravation, including where the offender is in company, uses or threatens to use an offensive weapon, or the victim suffers actual bodily harm. Maximum penalty: 20 years imprisonment.
Robbery with Wounding or Grievous Bodily Harm
Where the robbery results in the victim being wounded or inflicted grievous bodily harm. Maximum penalty: 25 years imprisonment. A standard non-parole period of 7 years applies. This is among the most serious property offences in the NSW criminal statute.
From Arrest to Acquittal: How We Build a Robbery Defence
In many robbery matters, particularly where the offender was not known to the complainant, identification is the central issue. Eyewitness evidence, CCTV footage, and DNA evidence can be challenged. We examine identification evidence carefully and prepare any available challenge.
The prosecution must prove that the accused intended to permanently deprive the complainant of their property. If this element is not established beyond reasonable doubt, the charge may not be made out.
The prosecution must prove that force or a threat of force was used immediately before, during, or after the taking. In cases where this element is disputed, the charge may fail. We examine the complainant's account and any other evidence of force against the full brief.
Where the accused was forced to participate in the robbery under threat of serious harm to themselves or another person, a defence of duress may be available.
Meet Our Crime Defence Team
With over a decade of experience, our crime defence team has made us one of Australia’s leading defence firms. Led by firm founder and Principal, Peter O’Brien, our dedicated team has defended clients in courts all over the country, including in the High Court of Australia.
No matter the case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
THE ROBBERY MATTER PROCESS
1. Arrest and Charge
The accused is arrested and charged by police. Contact us as early as possible, including before any police interview, to protect your right to silence and your legal position.
2. Local Court: Bail and Directions
The matter is listed for a bail determination and initial directions. Depending on the charge, the matter may be finalised in the Local Court (for less serious matters where the prosecution consents) or committed for trial in the District Court.
3. Trial
In the District Court before a judge and jury. The prosecution must prove each element of the offence beyond reasonable doubt. We brief experienced barristers for trial and manage all aspects of the proceedings.
4. Sentencing
If a verdict of guilty is returned, the matter is adjourned for a sentencing hearing. All relevant factors, including the nature of the offence, your personal history, and any mitigating circumstances — are considered. Strong sentencing submissions can make a significant difference.
We represent you at court. Depending on the evidence and your circumstances, this may involve contesting the charge, negotiating with the prosecution, or making submissions for a non-conviction outcome or a reduced disqualification.
WHAT TO DO IF YOU HAVE BEEN CHARGED WITH ROBBERY & THEFT
Five Steps to Take If You’re Charged With Robbery
- Do Not Speak to Police Without a Lawyer
- You have the right to silence. Do not answer questions at a police interview or make any statement before speaking to a lawyer. In a robbery matter, anything said at an interview can be used in evidence and can affect your defence.
- Contact a Criminal Defence Lawyer as Early as Possible
- The earlier you get legal advice, the more options are available. Early involvement allows us to advise on bail, manage the investigation stage, and begin reviewing the evidence before the prosecution brief is finalised.
- Do Not Contact Co-Accused or Witnesses
- Do not contact any co-accused, witnesses, or the complainant, whether directly or through others. Any contact can be used against you and can result in additional charges.
- Preserve Any Evidence That Supports Your Position
- If you have an alibi or any material that supports your account of where you were or what happened, preserve it and provide it to your lawyer. This includes digital records, location data, communications, or witness details.
- Follow Your Lawyer's Advice at Every Stage
- Robbery matters involve a number of strategic decisions, on bail, on the committal, on whether to contest the charge, and on whether to seek a charge reduction. Follow your lawyer's advice and raise any concerns with them directly.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Drug Driving NSW
Theft involves taking property dishonestly without consent. Robbery adds an element of force or threatened force against a person immediately before, during, or after the taking. Robbery is treated significantly more seriously than theft and carries substantially higher penalties.
Presence alone is not sufficient for a conviction. However, if you assisted, encouraged, or planned the offence, or if you were "in company" in circumstances that attract s 97(1), you may face charges. The facts of each case are critical. Contact us to discuss your specific situation.
Being "in company" generally means being with one or more other people at the time the offence is committed. Presence alone may be enough if the court finds that the group acted together. The precise meaning depends on the facts and the circumstances of the alleged offending.
Full-time imprisonment is a common outcome for robbery offences, particularly where weapons were involved, there were multiple offenders, or the complainant was injured. However, the sentence depends on the specific charge, the circumstances of the offence, your personal history, and the quality of the sentencing submissions made on your behalf. Early legal advice can make a significant difference.
In some cases, negotiation with the prosecution can result in an agreement to accept a plea to a lesser charge. Whether this is possible depends on the evidence and the prosecution's assessment of the case. We explore all options before advising a client to plead to anything.
The timeframe depends on whether the matter is finalised in the Local Court or committed to the District Court for trial. A District Court trial may be 12 to 18 months or more from the date of charge. We will give you an accurate estimate once the brief of evidence is available.
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