Have you been Charged with Armed Robbery?
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What does it mean to be charged with Armed Robbery?
Being charged with armed robbery means that an individual is accused of committing a robbery while armed with a weapon. Under Section 75A of the Crimes Act 1958 (“CA”) in Victoria, armed robbery is defined as follows:
Definition of Armed Robbery:
A person is guilty of armed robbery if they commit any act of robbery while possessing any of the following at the time:
- A firearm
- An imitation firearm
- An offensive weapon
- An explosive or imitation explosive (as defined in Section 77(1))
What must the prosecution prove?
For the prosecution to secure a conviction for armed robbery, they must establish the following elements:
- You committed theft.
- Immediately prior to or during the theft, you either:
- Used force against another person,
- Instilled fear in another person that force would be used against them, or
- Attempted to instil such fear in another person.
- Your actions were taken with the intention of committing the theft.
- At the time of the theft, you had in your possession a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive.
Understanding Theft in the Context of Robbery
The first essential element of robbery involves the act of theft by the accused.
A person is considered to have committed theft if they:
- Took Property: Took possession of property that belonged to someone else.
- Intention to Deprive: Took with the intention of permanently depriving the owner of that property.
- Dishonest Action: The actions are carried out dishonestly (as outlined in Section 75(1)).
In essence, for a robbery charge to stand, the prosecution must establish that theft occurred through these key components.
The use of Forse element in Robbery:
The second critical element of robbery revolves around the use of force or the threat of force against a person at the time the theft occurs. This element of force and fear are what separate theft from robbery.
The use of force element in robbery is flexible and can encompass both direct physical actions and the creation of fear in the victim. Whether through actual contact or threats, the law recognises various ways in which force can manifest during a robbery, emphasising the seriousness of any act that aims to intimidate or exert control over another person.
The use of force or attempt to put the victim in fear of the use of force must have occurred immediately before or at the time of the theft (s71(1)). This means the force must coincide with the theft, it does not meet the standard of robbery if it occurs after the theft.
The Final Element of Robbery is the Intent to Commit theft:
The last essential element of robbery focuses on the necessity that any force used or threatened must be directly related to the intent to commit theft, as outlined in Section 75(1). This means that the accused must have acted with the specific purpose of stealing at the time they used or threatened force.
To satisfy this element, there must be a clear connection between the act of using or threatening force and the act of stealing. For instance, if the accused uses force solely to engage in an unrelated criminal activity (such as assault) and then seizes an opportunity to steal afterward, this element would not be fulfilled. The robbery charge would likely fail because the force was not employed with the intent to steal.
Armed Robbery adds the element of a weapon:
Armed robbery is a more serious form of robbery. In addition to the use or threat of force, the offender must be in possession of a weapon (or imitation weapon) at the time of the robbery. This elevates the crime due to the increased risk of harm to the victim.
If you did not possess a weapon at the time of the theft, you may be charged under ‘robbery’ rather than ‘armed robbery’ and face a lesser penalty.
Penalties for Armed Robbery:
Armed robbery carries a maximum sentence of Level 2 imprisonment, which can be up to 25 years.
Where will my case be heard?
Armed robbery charges are handled in the County Court or Supreme Court.
Factors and Defences to consider:
- Were you in possession of a firearm, imitation firearm, offensive weapon, or explosive at the time of the offence?
- Did you use or threaten force to commit the theft? Was any person put in fear of force?
- Was this force or fear directly connected to the theft?
- Was the offence committed alone, or in company with others?
- Did the victim suffer any injury as a direct result of the offence?
- Did you have any lawful reason to take the property?
- Do you have any mental health conditions or cognitive impairments?
- Do you have any previous convictions of a similar nature?
- Did you act alone or with another person/s?
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-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
What happens next?
If you have been charged with Armed Robbery, it is crucial to seek expert legal advice without delay. The professionals at MK Law specialise in theft-related offences and are committed to providing the best possible support for your case. With extensive experience in navigating complex criminal matters, MK Law will guide you through every step of the legal process, including attending police interviews, preparing for court appearances, and explaining potential outcomes and strategies.
You’ll be asked to provide all relevant information, documents, and any evidence to ensure that a strong defence is built on your behalf. With MK Law’s personalised approach, you’ll receive practical, clear advice aimed at achieving the best possible outcome for your unique situation. Call 1800 130 120 today to receive confidential, expert support that will help you confidently navigate this challenging time.
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