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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:

  1. Robbed or assaulted another person with the intention to rob, or stole any chattel, money or valuable security from the person of another
  2. 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:

  1. By the use of corporal violence
  2. By the intentional or reckless infliction of actual bodily harm, or
  3. By the deprivation of liberty

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity, and
  4. Claim of right which means you genuinely believed you were legally entitled to the property

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