Robbery.
Robbery is an offence at Section 94 of the Crimes Act 1900 (NSW) and involves the unlawful taking of property with the intention of permanently depriving the owner or person in lawful possession of it. The key elements include:
Unlawful Taking: The property must be taken without the consent of the owner or person in possession.
Use of Force or Threat: The property must be taken by actual violence or by putting the owner or person in lawful possession in fear of violence.
Presence of the Victim: The property can be taken from the person, in their presence, or from their immediate personal care and protection.
The maximum penalty for robbery is 14 years imprisonment.
Aggravated robbery is defined at Section 95 of the Crimes Act 1900 and involves committing a robbery or assault with intent to rob, with certain aggravating factors that elevate the seriousness of the offence.
Aggravating Factors: The presence of any one or more of the following circumstances immediately before, during, or immediately after the robbery or assault:
Use of Corporal Violence: Physical violence is used against any person.
Infliction of Bodily Harm: Intentional or reckless infliction of actual bodily harm on any person.
Deprivation of Liberty: Depriving any person of their liberty.
The maximum penalty for aggravated robbery is 20 years imprisonment.
Armed robbery is defined at Section 97 of the Crimes Act 1900 (NSW). It involves committing a robbery while armed with a dangerous weapon. A Dangerous Weapon includes firearms, imitation firearms, offensive weapons, or instruments. For the offences to be proven, the Crown must prove an accused used or threatened to use the weapon to commit the robbery.
The maximum penalty for armed robbery is 25 years imprisonment.
Defences to aggravated robbery can include self-defence, duress, necessity, and a claim of right (believing the property was legally entitled to them).