What's the difference between larceny and robbery?

Larceny (stealing) involves taking someone else's property without their consent and with the intention of permanently depriving them of it. Robbery is a more serious offence that involves committing larceny by using violence, the threat of violence, or intimidation against a person.

Can I be charged with robbery if no weapon was used?

Yes. A basic robbery charge under section 94 of the Crimes Act 1900 does not require a weapon. It only requires that property was taken through force or the threat of force. If a weapon is used, the charge is elevated to armed robbery, which carries a much higher maximum penalty.

What evidence do prosecutors need to prove larceny?

Prosecutors must prove beyond a reasonable doubt that you took and carried away property belonging to another person, without their consent, without a legal claim of right, and with the intention to permanently deprive the owner of that property at the time of taking it.

Robbery & Larceny Lawyers Sydney

Defending Theft and Robbery Charges in NSW

Offences involving the taking of another person's property range from minor shoplifting (larceny) to highly serious offences involving violence or weapons (armed robbery). The New South Wales justice system treats these offences with varying degrees of severity, but all carry the potential for significant penalties.

A conviction can result in a criminal record and may affect employment, travel, professional licensing, visa applications and other aspects of your life. For serious robbery offences, full-time imprisonment is often the starting point for sentencing.

At NS Criminal Lawyers and Associates, our Sydney criminal lawyers provide carefully prepared, strategic defence representation. We understand the technical elements of the Crimes Act 1900 (NSW) and are dedicated to protecting your rights, whether you are facing a summary hearing in the Local Court or a complex trial in the District Court.

Larceny and Stealing Offences

Larceny is the legal term for stealing. It is a fundamental property offence under the Crimes Act 1900.

Elements of Larceny

To prove larceny, the prosecution must establish beyond a reasonable doubt that you:

Took and carried away property;
The property belonged to someone else;
You took it without the owner's consent;
You took it with the intention of permanently depriving the owner of it; and
You acted dishonestly (without a legal claim of right).

Penalty for Larceny: The maximum penalty for larceny is 5 years imprisonment. However, if the matter is dealt with summarily in the Local Court, the maximum penalty is limited by the value of the property stolen (e.g., up to 2 years imprisonment or fines).

Robbery Offences

Robbery is essentially larceny accompanied by violence or the threat of violence. It is a strictly indictable offence, meaning it is dealt with in the District Court or Supreme Court.

Robbery (Section 94)

Under Section 94 of the Crimes Act 1900, a person who robs or assaults with intent to rob any person, or steals any chattel, money, or valuable security from the person of another, is guilty of an offence.

Elements of Robbery: The prosecution must prove all the elements of larceny, plus the additional element that the property was taken from the victim's person or presence through the use of force, violence, or intimidation.

The maximum penalty for a basic robbery offence under Section 94 is 14 years imprisonment.

Aggravated and Armed Robbery

The penalties increase significantly if the robbery is committed under circumstances of aggravation:

Aggravated Robbery (Section 95): Robbery committed with circumstances of aggravation (e.g., inflicting corporal violence, depriving a person of liberty, or acting in company). Maximum penalty: 20 years imprisonment.
Armed Robbery (Section 97): Robbery committed while armed with an offensive weapon or instrument. Maximum penalty: 20 years imprisonment.
Armed Robbery with Wounding (Section 98): Armed robbery where the offender wounds or inflicts grievous bodily harm on a person. Maximum penalty: 25 years imprisonment.

Defences to Larceny and Robbery

Our experienced lawyers will thoroughly analyze the brief of evidence to identify weaknesses in the prosecution's case. Common defences include:

Claim of Right: You held a genuine, honest belief that you were legally entitled to the property.
No Intention to Permanently Deprive: You only intended to borrow the item and return it.
Honest Mistake: You mistakenly believed the property was yours or had been abandoned.
No Dishonesty: Your actions were not dishonest according to the standards of ordinary people.
Mistaken Identity: You were not the person who committed the offence (often relevant in robbery cases relying on CCTV or eyewitnesses).
No Violence/Threat (for Robbery): Disputing that any force or intimidation was used, which may reduce a robbery charge to larceny.
Insufficient Evidence: The prosecution cannot prove all elements of the offence beyond a reasonable doubt.

How We Can Help

At NS Criminal Lawyers and Associates, we provide criminal defence-focused representation for all theft and robbery matters. We will carefully review police evidence, examine CCTV footage, interview witnesses, and build a strategic defence to protect your rights. Whether negotiating with prosecutors to have charges downgraded or defending you at trial, we are committed to achieving the best possible outcome.

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