Armed robbery charges are an extremely serious offence if you have been charged with armed robbery, you need to contact the criminal lawyers at Potts Lawyers for legal advice and a free case review today. Engaging an experienced criminal lawyer can make or break your case Potts Lawyers, we know the law inside out and back to front. With over 100 years experience in criminal law, we truly are experts who will give you the best chance at defending your case. Most people assume that armed robbery only takes place at service stations, banks and casinos, but actually it is far more prevalent in the public and on the streets. If you have been charged with armed robbery, contact Potts Lawyers on (07) 5532 3133 or email us to chat with one of our specialised armed robbery lawyers today.
What the law says
Sections 410 and 411 of the Criminal Code Queensland states:
- 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 too 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 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