Robbery & Larceny Offences

What is ‘Robbery’ and ‘Larceny’?

Larceny (s 117)
Larceny is another word for stealing: taking someone else’s tangible property (including money) that has some value, without consent and intending to keep it. No violence or threats are involved. Maximum penalty: 5 years’ imprisonment.

Robbery (s 94) 
Robbery is taking property from a person or their immediate control, dishonestly and with an intention to permanently keep it, while using force, violence or intimidation (including threats) to obtain it or prevent resistance. Maximum penalty: 14 years’ imprisonment.

Aggravated forms (weapons, in company, wounding) attract higher maximums (20–25 years). 

Penalties & Which Court Hears It

• Robbery / Steal from person (s 94): Max 14 years. Some matters can be dealt with in the Local Court (jurisdictional max generally 2 years), depending on value/circumstances. 
• Stealing / Larceny (s 117): Max 5 years. In the Local Court, penalty ranges scale with the value (e.g., thresholds at $2,000 and $5,000). 
• Aggravated/armed robbery: 20–25 years max; usually District Court matters. 

Sentencing depends on many factors (value, planning, recovery of items, injuries, criminal history, rehabilitation).

What Police Must Prove For Robbery/Steal from Person

For Robbery / Steal from Person (s 94):

• You intended to steal; and
• You took property from the person or their immediate control; and
• Robbery: you used force or threatened force to make them part with it. (For steal from person, there’s no violence element.) 

Defences We Consider

• Claim of right (honest belief the property was yours)
• No intent to permanently deprive / no dishonesty
• Identity / mistaken identity
• No force or threat (for robbery)
• Duress, necessity, mental health, intoxication (where legally relevant)

Common Scenarios (Examples)

• Larceny (Stealing) 
• Shop conceal & walk out: item hidden in a bag/clothing and taken past registers. E.g. Woolworths 
• Lost wallet/bag/phone is taken and kept instead of handing it in to the relevant authorities. 
• Robbery (Force or Threats used)
• Aggravated/Armed Robbery