ROBBERY & BURGLARY

Robbery & Armed Robbery.

Section 75 of the Crimes Act 1958 carries the offence of Robbery.

The difference between Robbery and being charged with Armed Robbery (section 75A Crimes Act 1958), is that a weapon was allegedly used during the robbery.

PROOF, PENALTIES & DEFENCES.

Robbery.

The prosecutor has to prove that you dishonestly had taken property from another with the intention of keeping the property (theft); and immediately before or at the time of the theft you:

Used force on any person; or
Put any person in fear that they or another person would, then and there, be subject to the use of force; or
Sought to put any person in fear that they or another person would, then and there, be subject to the use of force.

Defences:

that you honestly took the property and/or intended to give it back;
that you had consent from the owner;
that force or fear of force was not used at the time

Penalties: Maximum 15 years jail.

Armed Robbery.

The prosecutor has to prove that you dishonestly had taken property from another with the intention of keeping the property (theft); and immediately before or at the time of the theft you:

Used force on any person; or
Put any person in fear that they or another person would, then and there, be subject to the use of force; or
Sought to put any person in fear that they or another person would, then and there, be subject to the use of force; and
You had with you a firearm, imitation firearm, offensive weapon, explosive or imitation explosive.

Defences:

that you honestly took the property and/or intended to give it back;
you had consent from the owner;
no force or fear of force was used;
that you had no weapon on you at the time; the weapon was of a different kind.

Penalties: Maximum 25 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

Committal / Negotiated Charge Robbery / 16 Month Community Corrections Order

Case: Group Road Rage After Tradie Cut-Off Car Causing Wheel Damage. Our client was driving with some friends asked to assist...

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