Have you been Charged with Robbery?

What does it mean to be charged with Robbery?

Being charged with robbery under Section 75 of the Crimes Act 1958 (“CA”) in Victoria means that an individual is accused of committing theft that involved the use of force or the threat of force against another person.

The primary action constituting robbery is theft, which involves taking someone else’s property without their consent with the intention of permanently depriving them of it. To qualify as robbery, the theft must be accompanied by the use of force against a person.

This can be either physical force or intimidation to achieve the theft. Alternatively, the accused may also be guilty of robbery if they instil fear in another person that they or someone else will be subjected to force at that moment, meaning that the victim feels threatened even if no physical force is applied.

What does the prosecution have to prove?

To secure a conviction for robbery, the prosecution must demonstrate that:

1. You took property belonging to someone other than yourself.
2. Immediately before or at the time of the theft, you used force against any person; or
3. You sought to put any person in fear that they or another person would be subjected to force.

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:

1. Took Property: Took possession of property that belonged to someone else.
2. Intention to Deprive: Took with the intention of permanently depriving the owner of that property.
3. 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.

Penalties for Robbery:

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). 

Where will my case be heard?

An offence of Robbery will generally be heard in the Magistrates Court, however if the case is one of severity it will be heard in either the County Court or Supreme Court.

Factors and Defences to consider:

• Did you have consent to take the property or interfere with another person’s property?
• Can the object you took be defined as property?
• Did the property belong to someone other than yourself?
• Was your intent to deprive that person permanently?
• Do you have any legal claim to the property you took?
• Did you act alone or with someone else?
• Was there an actual use of force or a fear of force being used at the immediate time of the theft?
• Do you have any mental-health conditions or cognitive impairment?
• Do you have any previous convictions of a similar nature?
• What were the surrounding circumstances of your offence?

What happens next?

If you have been charged with 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.