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 Offences (Vic)
Robbery is known as a composite offence, meaning that it is both a property offence and a violent offence. In Victoria robbery is governed by the Crimes Act 1958.
Section 75 of the Victorian Crimes Act sets out the offence of robbery, which is committed when a person steals, where immediately before or at the time of stealing, they use force on a person or put a person in fear of being subjected to force.
In Victoria, robbery is punishable by a maximum penalty of 15 years imprisonment.
Under Section 75A of the Crimes Act, it is an offence to commit a robbery using a firearm, offensive weapon, imitation firearm, explosive or imitation explosive. This is punishable by a maximum penalty of 25 years imprisonment.
Elements of the offence of robbery
To prove that a person is guilty of a robbery or an armed robbery, the prosecution must prove the following elements beyond a reasonable doubt:
That the accused stole something.
To prove that a theft occurred, the accused must be proven to have dishonestly appropriated property belonging to someone else with the intention to permanently deprive the owner of it.
The accused used force or the fear of force.
The law does not set a minimum level of force required to constitute ‘force’ for the purpose of a robbery charge. It is also not required that the force be applied to the victim’s body; force may be applied to something the victim is carrying. To establish that the accused put someone in fear of the use of force the prosecution must prove that a threat of some sort was made. It will also require the victim to have feared the threat would be carried out on the spot (not in the future).
The accused used force before or at the time of the theft.
The force or fear of force must have been applied at the time of or before the theft. If force was applied only after the theft had occurred, the offence of robbery will not be made out.
The accused used force in order to commit a theft.
The accused must have threatened to use or used force in order to achieve the theft.
Defences to robbery
A person may validly defend a robbery charge in a number of ways. Defences that are available to a robbery or armed robbery charge include the defence of duress and immature age (where the accused is under 14). A robbery charge may also be contested on a factual basis such as mistaken identity.
It is also a defence to a robbery charge if the accused had an honest belief that he or she was the legal owner of the property as in such a case, no theft has occurred.
Robbery is an indictable offence. It can be heard in the higher courts but is often heard in the Magistrates Court by consent between the parties. In the Magistrates Court, the maximum penalty that can be imposed for a single charge is imprisonment for five years.
Armed robbery is a strictly indictable offence and must be heard in the County Court or Supreme Court on indictment.
When a matter is dealt with on indictment, it must first proceed through a committal hearing. The committal hearing will be held in the Magistrates Court if the accused is an adult and in the Children’s Court if they are a juvenile.
The purpose of a committal hearing is to test the prosecution case to establish whether the evidence is sufficient that the accused could be found guilty. If the evidence is found to be insufficient, the court will dismiss the charge.
According to the statistics released by the Sentencing Advisory Council, between 2011 and 2014, the majority of people sentenced for robbery in the Victorian Magistrates Court received sentences of actual imprisonment. However, a large percentage (around 32%) received a community-based order and a small number received other penalties, such as fines and suspended sentences. Most people sentenced to imprisonment for robbery offences received between 12 and 18 months.
In the higher courts, the majority of people sentenced for robbery received a sentence of imprisonment of between one and two years. Only a small minority of these offenders receive non-custodial sentences.
If you require legal advice or representation in a criminal matter or in any other 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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