Charged with robbery in NSW.

The legislative source.

The Crown must prove four elements: (a) the accused took property; (b) the property belonged to the victim; (c) the taking was from the person of the victim, or in the victim's presence under the threat of force; and (d) the taking was accompanied by violence or by a threat of violence calculated to put the victim in fear. The fourth element is what distinguishes robbery from larceny. Without it, the conduct is theft.

The threshold for force is low. The High Court authority is that any force used to overcome resistance, or any threat that puts the victim in actual fear, is enough. A snatched handbag where the victim resists is robbery; a snatched handbag taken cleanly without resistance may be larceny from the person, which is the second limb of section 94 and attracts the same maximum.

Where the accused was armed with an offensive weapon, or in company, or inflicted grievous bodily harm, or wounded the victim, the matter is charged under one of the aggravated robbery sections (ss 95, 96, 97, 98) and the maximum rises to 20 or 25 years. The aggravated variants are strictly indictable; only the simple s 94 offence is on Table 1.

Penalties and likely outcomes.

The realistic range for a simple s 94 offence.

The range turns on the value of the property, the level of force used, the vulnerability of the victim, and the subjective case. For a first-offender plea finalised in the Local Court (election retained or elected in by the defence to keep the matter summary), an intensive correction order is the orthodox outcome for matters at the lower end of the range. For matters at the upper end of what the Local Court can deal with, a custodial sentence is in play, with the question being whether it can be served under an ICO.

Sentenced in the District Court.

Where the matter is finalised in the District Court, the realistic head sentence for a simple s 94 offence with a first-offender plea is typically two to five years, depending on the conduct and the subjective case. A non-parole period would normally run twelve months to two years.

Aggravating circumstances.

Vulnerability of the victim (age, disability, isolation), the conduct (mask, weapon implied, multiple offenders), and a pre-meditated planned attack all push the range up. Where the conduct is closer to bag-snatching with no real threat, the matter sometimes resolves to a stealing from the person plea on the same section with the same maximum, but with a lower starting point at sentence.

Defences and arguments worth running.

Identification.

Robbery prosecutions often rest on identification evidence (CCTV, eyewitness, photoboard). The strength of the identification is the first question the brief is examined for. Where the identification is poor (distance, lighting, time elapsed, conflicting descriptions), the brief is winnable.

Force or threat.

The boundary between robbery (s 94) and larceny from the person is the force or threat element. Where the brief discloses a clean taking without any resistance or threat, the proper charge is larceny, not robbery. The discount in negotiating a plea down to the larceny limb of s 94 (no force) preserves the same maximum but produces a materially lower starting point.

Intoxication and intent.

The accused's intent at the time of the taking is an element. Where the accused was severely intoxicated and the brief discloses confusion about what was being taken or why, intent can be tested. The defence is rarely a complete one in robbery but can sometimes shift the matter to a lesser charge.

The fact that the property was the accused's own.

Robbery requires the property to belong to another. Where the accused was retrieving property that was theirs (or had a colour of right to take it), the offence is not established. The defence is narrow but where it applies, it is complete.

What we do for clients facing this charge.

The first step is the brief: the identification material (CCTV, photoboards, witness statements), the account of force or threat (the victim statement, any body-worn-video), and any electronic material (phone location, transit data, vehicle records). Robbery prosecutions are evidence-heavy and the strength of the case is usually clear within the first read of the brief.

The second step is the charge analysis: whether the conduct meets the force-or-threat element for s 94 robbery, or whether it sits in the larceny-from-person limb (same section, same maximum, lower starting point at sentence), or whether the charge should be larceny under s 117 (much lower maximum). Negotiating the charge down preserves the trial-ready position while securing a materially lower sentencing exposure.

The third step is the bail position. Robbery is not a show-cause offence under s 16A of the Bail Act 2013 (NSW) unless it is the aggravated form or in company. For a simple s 94 charge a release application on conditions is usually the right path.

For matters that go to a defended hearing or trial, identification, the force-or-threat element, and the value/circumstances of the property are the three pillars. We engage senior counsel for any s 94 matter finalised in the District Court.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with robbery in the first hour.

What evidence police usually rely on.

The complainant's statement, body-worn video, any CCTV from the location, and the property itself (where recovered). In armed robbery matters, the weapon and the identification evidence are central.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• A list of everyone present, in order; any property you say was yours and not taken.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Trying to recover or return any of the property yourself. The recovery becomes part of the brief.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. Identification is the recurring issue. An early plea before the identification evidence is tested is rarely the right call.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · robbery matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.