Have you been charged with Armed Robbery?
Armed Robbery is a serious charge that carries severe penalties including imprisonment. However you may have defences available to you that you are unaware of.
Can the prosecution establish all elements of the offence? Did a theft of property occur? Was there an actual use of force or a fear of force being used at the immediate time of the theft? Was there a weapon present at the time and was it used in order to steal?
These factors are all relevant and with the help of an experienced criminal lawyer may serve as the basis for an effective defence to a charge of Armed Robbery.
For further information about the charge please read below.
The offence of armed robbery
Section 75A of the Crimes Act 1958.
The prosecution must prove:
The defendant committed theft;
Immediately before or at the time of the theft the defendant either used force on a person, put another person in fear that force would be used against them or sought to put a person in fear that force would be used against them;
That the defendant acted in that way in order to commit the theft;
The accused had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive at the time of the theft.
The maximum penalty regarding armed robbery
Level 2 imprisonment being a maximum of 25 years
Where will my case be heard?
Armed Robbery charges must be heard in the County or Supreme Court, with the majority heard in the County Court.
What to do next?
Armed Robbery is a serious charge with high penalties, including imprisonment, if you are convicted. We recommend you contact an experienced criminal lawyer to help prepare for your matter as soon as possible.
The legislation regarding armed robbery
Section 75A Armed robbery
(1) A person is guilty of armed robbery if he commits any robbery and at the time has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the meaning assigned to those terms for the purposes of section 77(1).
(2) A person guilty of armed robbery is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Recent decision regarding an armed robbery that lead to no gaol time (very rare)