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At Coutts, we specialise in providing legal representation for individuals accused of Robbery. Our experienced team handles a wide range of robbery cases, from armed robbery to mugging, with a focus on strategic and detailed defence. We understand the complex dynamics of robbery charges and are committed to fiercely protecting our client’s rights. Our approach is thorough, combining an in-depth review of evidence, effective legal argumentation, and strategic planning to achieve the most favourable outcomes in these challenging cases.
Luisa Gaetani
Partner
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What is Robbery under the law?
Robbery is a hybrid offence that contains elements of both larceny and assault and is contained in Section 94 of the Crimes Act 1900. In order to secure a conviction, the Prosecution must prove the following elements:
- That the property belongs to someone other than the accused;
- That the property was taken and carried away;
- The taking of the property was without the consent of its rightful owner; and
- The property must be taken
- From the person of another;
- In the presence of another;
- From the immediate personal care and protection of another.
In addition, the Prosecution would need to prove the following additional elements, which relate to the accused’s state of mind at the time of the taking:
- The property was taken with the intention of permanently depriving the owner of it;
- The property was taken without a claim of right made in good faith; and
- The property was taken dishonestly.
In addition to the above larceny elements, it must be proven that:
- The property was taken by actual violence or putting the owner, or person with lawful possession, in fear of actual violence.
For the offence of robbery, there must be violence or threat of violence which induces the victim to part with the property, and it is not sufficient if there was violence or threat made after the property was taken (R v Foster (1995) 78 A Crim R 517). However, the victim does not need to be present when the actual taking occurs (Smith v Desmond [1965] AC 960).
There is also an offence of assault with an intent to rob, which covers the circumstance where the accused had the intent of permanently depriving the victim of an item of property but did not steal from them.
How can Coutts help?
If you have been charged with a robbery offence, it is important to obtain legal advice as soon as possible The NSW criminal law team at Coutts Lawyers & Conveyancers has the expertise to provide clear advice on what to do next ensuring you get a favourable outcome when defending a robbery charge. Contact us today!
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Luisa
Your Compassionate Lawyer
Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law & Criminal Team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.
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Robbery FAQ’s
To secure a conviction for robbery, the Prosecution must prove the elements related to property ownership, the taking and carrying away of the property, lack of consent, and the accused’s intent and state of mind at the time of taking. Additionally, there must be proven elements of actual violence or the presence of fear of actual violence that induces the victim to part with the property.
Yes, the victim does not necessarily need to be present when the actual taking occurs. The significant factor is the presence of violence or the threat thereof which induces the victim to part with the property.
Robbery involves the actual taking of property with elements of violence or threat, with the intent to permanently deprive the owner of it. Assault with intent to rob, on the other hand, encompasses situations where the accused intended to permanently deprive the victim of property but did not succeed in taking anything, albeit there may have been an assault or threat in place.
Obtaining immediate legal advice is crucial when charged with robbery. Due to the serious nature of the crime and its composite elements, understanding legal rights, available defences, and the legal process is imperative to navigate the legal system effectively and to ensure a favourable outcome.
Coutts provides expert legal advice and guidance to those facing robbery charges. Our Criminal Law team can clarify legal rights, guide on the next steps in the process, provide representation in court and assist in forming a robust defence strategy to ensure the best possible outcome. It’s essential to contact us promptly after being charged to navigate through the complexities of robbery offences efficiently.
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