Section 94 of the Crimes Act 1900 (NSW) makes it an offence to rob or steal from another person. The maximum penalty for this offence is 14 years imprisonment.
In order to be convicted of this offence, the prosecution must prove different elements beyond reasonable doubt depending on whether robbery or stealing occurred.
If you are charged with robbery, the prosecution must prove beyond reasonable doubt that:
- You intended to steal; and
- You used some degree of threat or force putting the person in fear; and
- You took from the person; and
- You used violence or force to put the person in fear.
If you are charged with stealing, the prosecution must prove beyond reasonable doubt that:
- You stole chattel, money, or valuable security; and
- It was stolen from the person of another.
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
The property was taken pursuant to a claim of right made in good faith
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