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: