This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Robbery and Armed Robbery
A person will be found guilty of robbery under section 75 of the Crimes Act 1958 if a person steals from another person and uses or threatens to use force either at the time or immediately before the theft. The maximum penalty for robbery under section 75 of the Crimes Act 1958 is 15 years imprisonment.
The Offence of Armed Robbery
A person will be found guilty of armed robbery under section 75A of the Crimes Act 1958 if a person commits a robbery and at the time of that robbery has in their possession a firearm, imitation firearm, offensive weapon, explosive or imitation explosive.
Under section 75A of the Crimes Act 1958, the maximum penalty for armed robbery is 25 years imprisonment.
What the Police Must Prove
To find a person guilty of robbery, the prosecution must prove each of the following elements beyond a reasonable doubt:
- They committed a theft
- They used force on another person or sought to induce fear of force in another person
- They did so immediately before or at the time of stealing
- They did so for the purpose of the theft.
To find a person guilty of armed robbery, the prosecution must also prove the following beyond a reasonable doubt, in addition to the above elements for robbery:
- They had in your possession a firearm, imitation firearm, offensive weapon, explosive or imitation explosive
- At the time of the stealing
- For the purpose of committing the robbery.
Possible Defences for Robbery & Armed Robbery
A person can defend a charge of robbery or armed robbery by arguing:;
- That they did not intend to steal;
- That they did not use or threaten or use force on the person
- That they did not take or steal anything from the person
- That the property they took belonged to them.
Which Court Will Hear Your Matter?
As robbery and armed Robbery are indictable offences, they will be heard in the County or Supreme Court of Victoria.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.