Robbery (ACT)

In the ACT it is a criminal offence to use, or threaten, force against another person with the intent of stealing from them. 

The maximum penalty for this offence is 14 years’ imprisonment and/or a $224,000 fine. 

If it is an aggravated offence, the maximum penalty is increased to 25 years’ imprisonment and/or a $400,000 fine.  

What is robbery?

Robbery is the act of stealing from a person by using, or threatening, force immediately before or after the theft. It is a criminal offence contrary to section 309 of the Criminal Code 2002 (ACT). 

An offence is considered an aggravated robbery if at the time you commit a robbery you are also in the company of one or more people, or you have an offensive weapon with you. 

The following acts constitute robbery:

• Punching someone immediately before taking the cash from their wallet; 
• Threatening to stab a person if they do not give you their phone and then stealing their phone (aggravated); or 
• Pushing someone against a wall with you arm and not releasing them until they give you their handbag. 

What must be proven?

For a person to be found guilty of robbery the prosecution must prove each of the following matters beyond a reasonable doubt:

1. You committed a theft; and 
2. When committing the theft, or immediately before or after, you:
   1. Used force on the person; or 
   2. Threatened to use force on the person,
3. With the intent to:
   1. Commit theft; or 
   2. Escape from the scene. 

For an aggravated offence:

1. You were in company of 1 or more persons; or 
2. You had an offensive weapon with you. 

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

A robbery offence is indictable, which means that it can be dealt with in either the Magistrates Court or the Supreme Court. 

The prosecution can elect for your matter to remain in the Magistrates Court, where the maximum penalty is reduced two years’ imprisonment. If the prosecution does not elect summary jurisdiction, you can consent to the jurisdiction of the Magistrates Court which means that your matter will remain in the Magistrates Court. Alternatively, your matter will be committed to the Supreme Court and you will appear before a Judge and/or jury. 

An aggravated robbery offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court. 

However, if the value of the property allegedly involved does not exceed $30,000, it is possible to have the matter remain in the Magistrates Court. If that occurs, the maximum penalty is re4duced to a $15,000 fine and/or 5 years imprisonment. 

Possible Defences to Robbery

The following defences may be available for a robbery charge:

• You did not intend to steal the item;
• You did not threaten or use force on the person;
• You did not take or steal anything from the person (although this may still give rise to a charge of attempted robbery); or 
• You were the lawful owner of the property and you had a claim of right.  

Common Questions about robbery

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for a robbery charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for obstructing a territory public official charge might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. 

Will I go to Gaol for a robbery charge?

If you are found guilty of this offence, you may will be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. In particular, if you are found guilty of an aggravated robbery charge. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.