Aggravated Robbery or Stealing from the Person
Aggravated Robbery or Stealing from the Person is an offence under section 95 of the Crimes Act 1900 which carries a maximum penalty of 20 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that you:
- Robbed or assaulted another person with the intention to rob, or stole any chattel, money or valuable security from the person of another
- Did so in circumstances of aggravation
The legislation does not define the word ‘rob’ however, the courts have found that it is where:
“the victim… [is] compelled by force or fear to submit to the theft”
“It is not necessary that the offender applies force…”
“It is enough that the offender by his or her conduct… Puts the victim in fear of violence”.
‘Circumstances of aggravation’ means:
- By the use of corporal violence
- By the intentional or reckless infliction of actual bodily harm, or
- By the deprivation of liberty
Defences to the charge include:
- Self-defence
- Duress
- Necessity, and
- Claim of right which means you genuinely believed you were legally entitled to the property
What Our Clients Say SEE ALL
-
★★★★★
Got me the best possible outcome, her knowledge and skills helped me a lot
Coincidering my charges lawyer Karina got me the best possible outcome, her knowledge and skills…
-
★★★★★
Better than expected outcome
Patrick performed well under unexpected time pressure today. I engaged Patrick's services to defend me…
-
★★★★★
Extremely happy with outcome
Big thank you to Fred Cao who was representing me today. Explained step by step…
-
★★★★★
No conviction for my father’s driving offence
Wissam successfully got a no conviction for my father’s driving offence which will enable him…