Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Robbery is known as a composite offence. This means that it is both a violent offence and a property offence. This article outlines the laws around robbery offences in the ACT.
The Offence of Robbery
Robbery is theft from a person with the use or threat of force at or immediately before or after the theft.
It is found at Section 309 of the Criminal Code 2002 (ACT), where the maximum penalty is set at a fine of 1400 penalty units and/or 14 years’ imprisonment.
What the Police Must Prove
In order for a person to be found guilty of robbery, it must be proven that:
- They committed theft; and
- When committing the theft, or immediately before or immediately after committing the theft, the person—
- Used force on someone else; or
- Threatened to use force then and there on someone else;
with intent to commit theft, or to escape from the scene.
Possible Defences for Robbery
A person charged with robbery can validly defend the charge by arguing that:
- They did not intend to steal the item;
- They did not threaten or use force on the person;
- They did not take or steal anything from the person, although this may still give rise to a charge of attempted robbery;
- The item was theirs and they had a claim of right over it.
Which Court Will Hear the Matter?
Robbery matters can be dealt with in the ACT Supreme Court or ACT Magistrates Court. If the amount allegedly involved does not exceed $30,000, it is possible to have the matter remain in the Magistrates Court where the maximum penalty that can be imposed is two years’ jail.
From 1 July 2012 to 30 April 2017, 19 robbery matters were finalised in the Magistrates Court with only 10 being dealt with in the Supreme Court in the same time.
Aggravated robbery is provided for by Section 310 of the Criminal Code, where the maximum penalty is a fine of up to 2500 penalty units and/or imprisonment for 25 years.
A robbery is said to be “aggravated” if it is committed:
- In the company of 1 or more other people;
- Or with the use of an offensive weapon.
The Criminal Code defines an offensive weapon to include the following:
- Anything made or adapted for use for causing injury to or incapacitating a person;
- Anything that a person has with the intention of using, or threatening to use, to cause injury to or incapacitate someone else;
- A firearm, or anything that may reasonably be taken in the circumstances to be a firearm;
- A knife, or anything that may reasonably be taken in the circumstances to be a knife;
- An explosive, or anything that may reasonably be taken in the circumstances to be or contain an explosive.
Which court will hear the matter?
As the maximum penalty for aggravated robbery is 25 years’ imprisonment, it is a strictly indictable offence meaning it will be heard in the Supreme Court, unless the accused person is a child, in which case it can be dealt with in the Children’s Court.
In the most recently counted statistical period (1 July 2012 to 30 April 2017), more than 70 per cent of those charged with aggravated robbery received immediate full-time custodial prison sentences, with 17 per cent receiving a partially suspended prison sentence and a further 11 per cent a wholly suspended sentence. Only one person out of 164 received a Good Behaviour Order.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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