You commit the offence of robbery in South Australia under section 137 of the Criminal Law Consolidation Act 1935, if, during the process of a theft, you use or threaten to use force on another person (either so that you can commit the offence or to escape from the scene where the theft was committed).
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Major indictable offence
District Court of South Australia
Maximum penalty of life imprisonment
Robbery Key Facts
| Offence | Stealing from another person using force or the threat of force, under Section 137 of the Criminal Law Consolidation Act 1935 (SA). |
| Maximum Penalty | Maximum penalty for basic robbery is up to 15 years imprisonment; aggravated robbery (e.g. use of a weapon or in company) can attract up to life imprisonment. |
| Typical Sentence | Sentences are almost always custodial; actual length depends on use of violence, weapons, prior offences, and whether the robbery was planned or opportunistic. |
| Which Court? | Usually heard in the District Court due to seriousness; aggravated or armed robbery cases may go to the Supreme Court. |
| Process Timeline | Police Investigation → Charge → Arrest → Police Interview → Bail Consideration → Committal Proceedings → Trial in District or Supreme Court → Sentencing if found guilty. (Average: 12-24 months) |
| Possible Defences | 1. No Force or Threat - Arguing the theft did not involve force or threats. 2. No Intent - Disputing intent to steal. 3. Mistaken Identity - Proving the accused was not the person involved. |
| What The Prosecution Must Prove | To be convicted of robbery in South Australia, the prosecution must prove that: - You dealt with property; - The property was owned by another; - You dealt with the property without the owners consent; - The dealing was dishonest according to standards of ordinary people - You used force or threat of force against another in order to deal with the property; - You intended to deal with the property; - You intended to permanently deprive or make a serious encroachment on the owner’s proprietary rights; - You were aware that ordinary people would regard your conduct as dishonest; and - You intend to use force or make threat. |
Robbery Case Scenarios
Below are examples of how robbery offences may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A young man snatched a woman’s handbag from a park bench and shoved her lightly when she tried to grab it back. No injuries were sustained. The accused fled but was later arrested.
What to expect:
He pleaded guilty and expressed remorse. The court found no aggravating factors. He received an 18-month suspended sentence, 2-year good behaviour bond, and no further custodial time.
Mid-Level Offence
Scenario:
Two men approached a petrol station attendant and verbally threatened violence while one reached into the register and took cash. No weapon was used, but their coordinated actions and intimidation classified the matter as robbery in company.
What to expect:
Both men were convicted of aggravated robbery. Due to their cooperation and early pleas, each received 3 years imprisonment with a non-parole period of 18 months.
High-Level Offence
Scenario:
A 26-year-old woman entered a small retail store and threatened a 70-year-old shopkeeper with a screwdriver, demanding cash. She pushed him to the ground and stole $500. He sustained minor injuries.
What to expect:
The offence was deemed aggravated robbery due to use of a weapon and the victim’s age. The woman was sentenced to 8 years imprisonment, with a non-parole period of 5 years, and the court emphasised community protection.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Robbery FAQ’s
If you need more information about robbery South Australia, these FAQs answer the most common questions.
What is the legal definition of robbery in South Australia?
Robbery occurs when a person commits theft and uses or threatens to use force on another person during, immediately before, or immediately after the theft. The threat or use of force must be in order to commit the theft or to escape the scene. [Criminal Law Consolidation Act 1935 (SA) s 137]
What is the maximum penalty for robbery in South Australia?
- Basic robbery: Up to 15 years imprisonment
- Aggravated robbery: Up to life imprisonment
Aggravating factors include committing the offence in company (with others), using weapons, or targeting vulnerable individuals.
What is the difference between theft and robbery under SA law?
- Theft involves dishonestly taking property without the owner’s consent.
- Robbery is theft plus the use or threat of force to commit or escape from the theft.
When does theft become robbery?
Theft becomes robbery if force or the threat of force is used at the time of, or immediately before or after the theft. It’s not necessary for the victim to feel fear—just that the victim believed the threat might be carried out.
What qualifies as an aggravated robbery offence?
Aggravated robbery includes situations where:
- The offence is committed in company with others.
- A weapon is used or threatened.
- The victim is under 12 or over 60 years old.
- The offender has prior convictions for similar crimes.
Can I be charged with robbery if I didn’t personally use force?
Yes. If you acted with someone else who used or threatened force during the theft, you may still be charged with aggravated robbery under the joint enterprise doctrine.
What are the possible defences to a robbery charge in South Australia?
Common legal defences include:
- Claim of Right (Conduct) – you honestly believed you had a right to act that way.
- Claim of Right (Property) – you believed you owned or had a right to the property.
- Finders Exemption – you found the item and believed the owner couldn’t be located.
Honest Acquisition – you genuinely believed you had lawfully acquired the item.
Do I need to have a weapon for a robbery charge to apply?
No. A robbery charge can apply without a weapon, as long as any level of force or threat of force is used to commit or escape from a theft.
Is it still robbery if the threat didn’t scare the victim?
Yes. The law focuses on whether the victim believed the threat might be acted upon, not whether they were actually frightened.
What does ‘in company’ mean for aggravated robbery?
If two or more people jointly commit the robbery, each is guilty of aggravated robbery—even if only one person used force or took property.
Can I be convicted of robbery if I was unaware my co-offender had a weapon?
Possibly. If you jointly committed the theft and reasonably foresaw the use of force, you may be held criminally liable for aggravated robbery, depending on the circumstances.
What role does intention play in a robbery charge?
You must have intended to use force or threat to commit the theft or to escape. Unintentional force (e.g., bumping someone while fleeing) may not qualify unless the intention to use force is proven.
How is dishonesty assessed in robbery cases?
Dishonesty is assessed against the standards of ordinary people, and whether you knew your actions were dishonest by those standards.
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