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Robbery Charges /Stealing from Person
Plead not guilty:
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
1. If robbery is alleged, that you:
a) Intended to steal;
b) Used some degree of threat or force putting the person in fear;
c) Took from the person;
d) By the use of violence or putting the victim in fear.
2. If Stealing is alleged, that you:
a) You steal any chattel, money, or valuable security;
b) From the person of another although the property may be taken in the presence of the person.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Further, you will be found not guilty of the offence if you can establish any of the following:
The property was taken pursuant to a claim of right made in good faith;
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Stealing from person carries a maximum penalty of a fine of $5,500.00 and/or 2 years imprisonment in the Local Court. In the District Court, the maximum penalty for the offence of Stealing from person and robbery is 14 years imprisonment. The offence of Robbery can only be heard in the District Court. Stealing from person and Robbery are considered extremely serious offences. We advise that you contact one of our solicitors immediately if you are charged with either of these offences.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Case Study - Identification Evidence Not Sufficient
Case Study - Robbery, Without An Offensive Weapon
Our client was charged with the robbery of a convenience store. Following a sniffer dog search the police were led to our clients house a few streets away. Once catching up with him, Police asked him a series of questions which he refused to answer, maintaining his right to silence. The police then arrested him purely on their suspicion.
Following our client’s arrest, the victim participated in an identification parade, being asked by the police to identify who the perpetrator was. The victim of the robbery did not pick our client in a identification parade/line-up and in addition, the CCTV footage that captured the incident was unclear and inconclusive.
The matter went to local court where our client pleaded not guilty to the charges. Identification was the central issue.
We defended the charges on the basis that the prosecution could not prove beyond reasonable doubt that our client was the person who committed the robbery. Our dedicated and experienced team were able to reach a successful outcome and our client was not found guilty of the offence.
Our client and his friend were both charged with robbery armed with a knife of a pizza delivery driver. Our client instructed us that at no stage did he use a knife.
Our dedicated Criminal Lawyers entered into extensive negotiations with the Director of Public Prosecutions (DPP), offering a plea of guilty to robbery in company, without being armed .
After two months of negotiations, the DPP agreed to amend the charge to a robbery in company, which carries a lesser penalty.
Our client was sentenced at Parramatta District Court before Judge Sides. The judge sentenced our client to a term of imprisonment of 2 years, to reflect the seriousness of the offence.
Our team was able to successfully argue that the term of imprisonment could be suspended, because the seriousness of the offence was towards the lower end of the scale.
The Judge agreed and suspended the sentence on a good behavior bond.
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