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.

For example, person A approaches B and says “give me your shoes or I’ll punch you” before taking B’s shoes and running away with them. In this example, A is guilty of robbery whether or not they actually used any violence on B.

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.

In the example above, person A would be guilty of armed robbery if they were in also possession of a knife and they carried it for the purpose of the robbery, regardless of whether the knife was actually used or person B knew it existed.

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 you guilty of Robbery, the prosecution must prove each of the following elements beyond a reasonable doubt:

  • You committed a theft
  • You used force on another person or sought to induce fear of force in another person
  • You did so immediately before or at the time of stealing
  • You did so for the purpose of the theft.

To find you guilty of Armed Robbery, the prosecution must also prove the following beyond a reasonable doubt, in addition to the above elements for Robbery:

  • You 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.

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.

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