Robbery offences are serious and in aggravated circumstances such as armed robbery, can carry with them a maximum penalty of life imprisonment. A robbery offence occurs when violence is used or threatened before or after stealing property. It is considered aggravated if one of the following conditions are met:
- The accused was (or pretended to be) armed with a dangerous or offensive weapon during the offence (i.e. Armed robbery)
- The accused was in company with 1 or more other persons
- The accused wounds or used any other personal violence to any person immediately before or after the time of the robbery.
Another lesser related charge is demanding property with menaces with intent to steal.
Below we outline the offence of Robbery as per the Criminal Code as well as what the police must prove, penalties you may face if found guilty of this crime, and legal defences.
For information and advice specific to your matter, it’s recommended you speak with a criminal defence lawyer as soon as possible. Call our 24-hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
What the law says
Sections 409, 410 and 411 of the Criminal Code Queensland states:
- 409. (1) Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of
“robbery”.
- 410. Any arm which is loaded in the barrel or chamber with any explosive substance, and with any solid substance capable of being projected is deemed to be “loaded arms”. Although an attempt to discharge the same may fail from want of proper appliances or from any other cause.
- 411.
- (1) Any person who commits the crime of robbery is liable to imprisonment for fourteen years.
- (2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with one or more person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
The accused:
- is or pretends to be armed with a dangerous or offensive weapon or instrument; or
- is in company with one or more persons: or
- at or immediately before or immediately after the time of the robbery wounds or uses personal violence to any person.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum penalty
The maximum penalty for the offence of robbery is 14 years imprisonment.
The maximum penalty under aggravated circumstances including Armed Robbery; Armed Robbery in Company; If the victim is wounded; or if there is any other personal violence is life imprisonment.
Which court will hear the matter
This matter is indictable which can only be dealt with in the District Court.
Possible defences
Possible defences to this offence include but are not limited to
- Duress
- Necessity
- Self Defence
- Intoxication
- Insanity
- Identification -ie Not the accused person
- Person is not armed
Have you been charged with this offence?
It’s important you get in touch with an experienced criminal law firm to discuss your options following a charge of Robbery. Your choice of legal representation is a crucial one. With an aggravated charge, you could be facing life imprisonment.
Contact the team at Potts Lawyers today for a confidential consultation at either our Brisbane or Gold Coast offices. Call our 24 hour crime line now on 0488 999 980 for a free case evaluation or submit an enquiry online.
