On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

The maximum penalty for the charge of robbery/stealing from the person (Section 94 of the Crimes Act) is 14 years imprisonment.

In NSW, a court can impose any of the following penalties for a robbery/stealing from the person charge.

• Section 10: Indecent Assault proven but dismissed
• Fine
• Good behaviour bond
• Community service order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Home detention
• Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of robbery/stealing from the person, if heard in the Local Court, is likely to be a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 3 years.

For first time offenders the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

To convict you of a robbery / stealing from the person charge, the police must prove each of the following matters beyond a reasonable doubt:

Robbery:

1. you intend to steal; and
2. you take property from another person's immediate control or presence
3. by the use of violence or by putting the victim in fear

Stealing from the person:

1. you steal any chattel, money, or valuable security
2. from the person of another

They will also need to prove that you were the person who committed the robbery / stealing from the person offence.

Possible defences to a robbery / stealing from the person charge include but are not limited to:

• Duress
• Necessity
• Self Defence

Where the value of the property exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court. Where the value of the property does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.