Have you been charged with Robbery?
If so, you may have certain defences available to you which you are unaware of.
Can the prosecution prove all elements of the crime? Do you have a legal claim to the property alleged to be stolen? Did you use force to steal the property? If so, was the use of force at the time the property was allegedly stolen?
It is crucial to discuss these issues thoroughly with an experienced criminal lawyer prior to coming before a court to advise of how you intend to plead. For more information on Robbery please read below.
Section 75 of the Crimes Act 1958
The prosecution must prove:
The defendant committed theft;
Immediately before or at the time of the theft the accused either used force on a person, put a person in fear that force was going to be used on him/her or another person then and there or sought to put another person in fear that force was going to be used then and there;
The accused acted in that way in order to commit the theft.
The maximum penalty
Level 4 imprisonment being 15 years.
Where will my case be heard?
A charge of Robbery will most likely be heard in the Magistrates’ Court, unless the circumstances of the charge are deemed to be very serious or the value of the property stolen is more than $100,000 in which case it will be heard in the County or Supreme Court.
What to do next?
Robbery is a serious charge and can result in a lengthy jail sentence if convicted. If charged, you should make an appointment with an experienced criminal lawyer immediately to begin preparation for your matter as soon as possible. Don’t leave it too late. Thorough preparation is key to the success of any legal matter.
Section 75 Robbery
(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force.
(2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).