s75 Robbery

What is robbery?

Robbery is an offence under section 75 of the Crimes Act 1958. The prosecution must prove the following elements to prove the offence of robbery:

1. The accused person stole something (committed theft); and
2. Immediately before or at the time of the theft:
   1. the accused used force on any person; or
   2. the accused put any person in fear that they or another person would be subject to the use of force then and there; or
   3. the accused sought to put any person in fear that they or another person would be subject to the use of force then and there
3. The accused did so in order to commit the theft.

The accused committed theft

The first element of robbery is that the accused stole something (i.e. committed theft). A person commits theft if they:

• appropriate property belonging to another;
• with the intention of permanently depriving the other of the property; and
• the accused acted dishonestly (s75(1)).

Use of force or fear of force

The second element is that the accused used force or fear of force against any person at the time of the theft. No minimum physical contact is required to constitute the use of force, and a nudge used in the course of a theft may be sufficient (Dawson & James (1976) 64 Crim App R 170). 

It is also sufficient if the use of force is applied to items carried by the victim, as force need not have been applied directly to a person’s body (R v Clouden [1987] Crim LR 56).

If it is alleged that the accused put a person in fear of force, the victim must have feared that they would be subjected to the use of force. A threat capable of constituting this element must be sufficient to have caused the victim personal intimidation (R v Butcher [1986] VR 43).

However, if the accused “sought” to put the victim or another person in fear, the victim need not have actually feared being subjected to force. Even if an attempted intimidation was unsuccessful, the accused could be found guilty of robbery (s75(1)).

Proximity to theft

The use of force or attempt to put the victim in fear of the use of force must have occurred immediately before or at the time of the theft (s71(1)).

Therefore, the use of force or induced fear of force is not sufficient if it occurs after the property was stolen. The victim must have been compelled by force or attempted intimidation to submit to the theft (R v Emery (1975) 11 SASR 169). The use or fear of force can be subjected at any time before the theft has been completed (R v Hale (1978) 68 Cr App R 415). 

The victim may be any person

The victim may be the subject of the use or threatened use of force, or the fear or apprehension may be due to another person being subjected to force (s75(1)). Force or threats against property will not constitute robbery unless the victim fears that they or another will be subjected to the use of force. The use of force or threatened use of force against property may constitute another offence, such as blackmail.

Committed in order to steal

The final element is that the force used or threatened must have been “in order” to commit the theft (s75(1)). The jury is, therefore, required to consider the accused’s purpose when the relevant acts were committed. For example, this element will not be satisfied if the accused capitalised on an unanticipated opportunity to steal the victim’s property after having applied force for another reason (criminal charge book).

Defences to robbery

If you have been charged with robbery, you may have a defence available, such as if an element of the charge cannot be proved beyond reasonable doubt by the prosecution. Any defence to the offence of theft will also provide a defence to robbery charges. That is, if the accused person held an honest belief that they were entitled to take the property (R v Skivvington [1968] 1 QB 166), a defence would be available to the accused. 

Other defences may include mistaken identity (someone else committed the robbery), automatism (the actions were not conscious and voluntary), or the accused was acting under duress (the act was committed under an immediate threat of harm if the act was not performed). See Criminal Defences for more.

Penalties for robbery

The maximum penalty for robbery is 15 years imprisonment. In the three years to 30 June 2023, in the Magistrates’ Court, 60.8% of robbery charges resulted in imprisonment.

During this same period in the higher courts, imprisonment was imposed in 75% of robbery cases. Sentences imposed in the higher courts ranged from less than 1 month to 5 years imprisonment.

While most cases of robbery will result in imprisonment, less severe penalties, such as a community corrections order or fine, can be imposed for low-level offending.

Where will my case be heard?

A charge of robbery will most likely be heard in the Magistrates’ Court unless the circumstances of the charge are deemed to be very serious or the value of the property stolen is more than $100,000, in which case, it will be heard in the County Court or Supreme Court.

Why you need an experienced robbery lawyer

Robbery is a serious charge and can result in a lengthy jail sentence if convicted. If you have been charged or if police wish to interview you in relation to a robbery, seek advice from a robbery lawyer as soon as possible.

Don’t leave it too late. Contact an experienced robbery lawyer for advice today. Thorough preparation is critical, and time and careful planning are essential for an optimal outcome.

If you intend to plead guilty to robbery, we can provide advice and prepare a plea with relevant reports and documents to help you avoid a prison sentence or achieve the best possible outcome.

If you intend to plead not guilty, contact us as soon as possible to arrange a suitable case strategy. You need an experienced lawyer who will examine all relevant evidence, including CCTV recordings, DNA evidence, and witnesses, ensuring any exonerating evidence is preserved.

Considering these factors and early intervention will increase the chances of a withdrawal of charges or an acquittal.

The legislation

Crimes Act 1958

Section 75 Robbery

(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force

(2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).