If you’ve been charged with or are under investigation for robbery or burglary in Queensland, it’s important to understand what these offences involve, the differences between them, and the legal process that follows. This article explains both offences, the potential penalties, and what courts deal with these matters.
What Is Robbery?
Robbery is a theft offence that involves actual violence or the threat of violence.
Under Queensland law, a person commits robbery if they:
Steal something, and at or immediately before or after the time of stealing, use or threaten to use actual violence to any person or property in order to obtain the thing stolen or prevent resistance.
What Does ‘Actual Violence’ Mean?
The term actual violence is not specifically defined in Queensland’s Criminal Code.
However, commentary suggests:
- Any physical force that is real and not merely threatened or contemplated is enough;
- The fear of violence alone, without a clear threat or physical action, is not sufficient.
Penalties for Robbery
The maximum penalty for robbery is 14 years imprisonment. This increases to life imprisonment if any of the following aggravating circumstances apply:
- The person is armed or pretends to be armed with a dangerous or offensive weapon (e.g. firearm, club, knife);
- The person is in company with one or more others, regardless of whether the victim is aware of others being present;
- The person uses violence or causes injury during or immediately after the robbery.
Sentencing Considerations
The courts often impose custodial sentences for robbery. Case law emphasises the need to send a strong message, particularly where victims were placed in vulnerable situations.
Attempted Robbery
A person can still be charged with attempted robbery if they intended to steal something but were unsuccessful.
Penalties for attempted robbery are:
- 7 years imprisonment (no aggravating factors)
- 14 years imprisonment (if armed or in company)
- Life imprisonment (if armed with a dangerous or offensive weapon)
Which Court Deals With Robbery?
Robbery is a strictly indictable offence, meaning it must be dealt with in the District Court—whether the person pleads guilty or contests the charge.
What Is Burglary?
Burglary typically refers to a home invasion or unlawful entry into a dwelling with the intent to commit an indictable offence. It does not require violence or the threat of violence.
This offence is commonly known as “breaking and entering.”
Elements of a Burglary Offence
To prove burglary, the prosecution must show that a person:
- Entered or was in a dwelling;
- The dwelling belonged to another person (this includes buildings, tents, caravans, vehicles, etc.);
- Committed an indictable offence inside the dwelling (e.g. stealing, assault, sexual assault).
Aggravated Burglary – Special Circumstances
If special circumstances apply, the offence becomes more serious. These include:
- Offence committed at night (between 9:00pm and 6:00am)
- Use or threat of violence
- Being armed or pretending to be armed
- Being in company with others
- Damage or threat of damage to property
Which Court Deals With Burglary?
Burglary without special circumstances can be dealt with in the Magistrates Court.
However, if any of the following apply, the matter must be heard in the District Court:
- Violence was used or threatened
- The person was armed or pretended to be armed
- A person:
- Pleads not guilty; and
- Caused damage worth $30,000 or more
- The person also committed a related indictable offence (e.g. theft of over $30,000 where the charge is contested)
When Should I Speak to a Lawyer?
If you’ve been questioned by police or charged with robbery or burglary, it’s crucial to seek legal advice as soon as possible.
These are serious criminal offences with potentially lifelong consequences. Early advice ensures you understand:
- Your rights and obligations
- The potential outcomes
- How decisions made early can affect your defence throughout the process
Contact our office today to arrange a confidential consultation with one of our experienced criminal defence lawyers. We’ll help you understand your options, protect your rights, and guide you through every step of the legal process.
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