Robbery or Stealing from the Person
Under section 94 of the Crimes Act 1900, a person commits an offence if they rob or assault a person with the intent to rob that person.
The essence of a robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige them to part with the property; in other words, the victim must be compelled by force or fear to submit to the theft
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Assault with intent to rob | 2 years imprisonment and/or $11,000 fine | 14 years maximum |
| Robbery | 2 years imprisonment and/or $11,000 fine | 14 years maximum |
Aggravated Robbery
Under section 95 of the Crimes Act 1900, a person commits an offence if they rob or assault another person with the intent to rob them, in circumstances of aggravation. “Circumstances of aggravation” is defined under this section as involving the use of corporal violence, the infliction of actual bodily harm, and/or depriving the person of their liberty.
Maximum Penalty:
All aggravated robbery offences under this section carry a maximum penalty of 20 years imprisonment.
Robbery with Wounding
Under section 96 of the Crimes Act 1900, a person commits an offence if they rob or assault a person with intent to rob that person in circumstances of aggravation and thereby wounds, inflicts actual bodily harm or grievous bodily harm on that person.
“Actual Bodily Harm” an injury that interferes with the health or comfort of the person and is an injury that is not short-lived. “Wounding” means doing something to someone that causes a breaking of their skin. “Grievous Bodily Harm” means a very serious long-lasting injury, including broken bones, permanent disability, permanent disease or disfigurement.
Maximum Penalty:
The maximum penalty for an aggravated robbery with wounding is 25 years imprisonment.
Armed Robbery or Robbery in Company
Under section 97 of the Crimes Act 1900, a person commits an offence if they rob someone whilst being in the company of other people or are armed with an offensive or dangerous weapon, or both.
An “Dangerous Weapon” is defined under the legislation as a firearm, imitation firearm, any prohibited weapon or a spear gun. An “Offensive Weapon” is defined as any item or object that is made or adapted for an offensive purpose and is used or intended for use for an offensive purpose.
Maximum Penalty:
The maximum penalty for an armed robbery with an offensive weapon or a robbery in company is 20 years imprisonment. If the armed robbery is committed using a dangerous weapon, the maximum penalty increases to 25 years imprisonment.
Robbery with Weapon and Wounding
Under Section 98 of the Crimes Act 1900, a person commits an offence if they rob or assault someone with the intent to rob, while being in the company of others or being armed with an offensive weapon or instrument, and assaults, wounds, or inflict grievous bodily harm on that person.
Maximum Penalty:
The maximum penalty for a robbery with a weapon and wounding is 25 years imprisonment.
Demanding Property with Intent to Steal
Under Section 99 of the Crimes Act 1900, a person commits an offence if they, with menace, or by force, demand property from another person, with the intent to steal that property.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Demand property by force or with menace, with intent to steal | 2 years imprisonment and/or $11,000 fine | 10 years maximum |
| Demand property by force or with menace, with the intent to steal, while in the company of others. | 2 years imprisonment and/or $11,000 fine | 14 years maximum |