Stealing from the Person

Our expert criminal lawyers for a robbery or stealing from the person offence can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Robbery or Stealing from the Person

Our criminal lawyers have had great success defending charges of stealing from a person and securing not-guilty verdicts for our clients. We use a range of defences, arguing that the property was not actually stolen, that you intended to return the property, or that the property belonged to you. 

If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but having no conviction recorded for larceny offences.   

What is the offence of Stealing from Person?

Stealing from the person or robber is dealt with under section 94 of the Crimes Act 1900 (The Act). 

The Act describes the offence of robbery or stealing from the person as whoever:

a) robs or assaults with intent to rob any person, or

b) steals and chattel, money, or valuable security from the person of another”

Assault is the act of inflicting physical harm on another person, threatening or intimating them with the intended purpose of causing fear of harm. Assault charges all carry a prison sentence as a penalty option.

Pleading not guilty

You will be found not guilty of the offence of steal from the person if the police cannot prove beyond a reasonable doubt:

1. You stole a chattel, money or valuable security;
2. From the person or the victim.

Stealing involves taking and carrying away property that belonged to another person with the intention to permanently deprive the owner of that property, and without the owner’s consent.

An intent to permanently deprive the owner of the property must exist at the time of the taking. If the obtaining of the property is innocent, a later intent to steal is insufficient. If the accused takes the property without deciding whether to keep it, he does not commit larceny.

You can read more information about pleading not guilty here.

The main defence to steal from a person is a Claim of right.

 A person will have a claim of right where they possess a genuine belief that they have a bona fide claim of right to certain money.

If you believed you were entitled to take the property, it does not matter that you did not believe you were entitled to take it in the manner you did.

Pleading guilty 

If you agree that you have committed the offence and the police can prove it, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. 

Stealing from a person carries a maximum penalty of 14 years’ imprisonment. This penalty is typically reserved for the worst offenders. 

You can read about all the sentencing options that a court has, including not having a conviction recorded here.

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat a robbery or stealing from the person charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case Study

Our lawyer represented an Accused person charged with Aggravated Robbery. The Accused man admitted to the police that he had both been in a fight with the victim and that he had taken the wallet. Mr Correy represented to the DPP that the fight had occurred without any intention to rob. The wallet had fallen from the victim’s pocket during the fight. Mr Correy represented that the taking of the wallet occurred following the fight. The threat of violence and taking did not coincide. The DPP agreed and laid charges of assault and steal from the person resulting in the offences staying in the Local Court. The Accused person pleaded guilty and received good behaviour bonds.

Source: 

1.  Crimes Act 1900 40, Sextion 94 Robbery or stealing fro the person
   Current version for 27 March 2021 to date (accesed 24 August 2021 at 19:49)

This information is intended as a general guide to law only.  It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy.