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Robbery Offences
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Expert Robbery Charge Defence
01
Robbery
Defence for theft with force or threat of force
In Victoria, robbery is an indictable offence governed by Section 75 of the Crimes Act 1958. Section 75 defines the offence as one committed when a person steals, where immediately before or at the time of stealing, they use force on a person or put a person in fear of being subjected to force.
To secure a conviction for robbery or armed robbery, the prosecution must prove four key elements beyond a reasonable doubt:
- Theft: The accused dishonestly took someone else's property with no intention of returning it.
- Use or Threat of Force: The accused used physical force (against a person or an object they were holding) or created an immediate fear of force.
- Timing: The force or threat must have occurred before or during the theft, not after.
- Intent: The force or threat was used specifically as a means to commit the theft.
Robbery charges can be heard in the higher courts but are often heard in the Magistrates Court by consent between the parties. In the Magistrates Court, the maximum penalty that can be imposed for a single charge is imprisonment for 5 years. The maximum penalty for robbery (unarmed) in Victoria's higher courts (County Court and Supreme Court) is 15 years imprisonment.
Robbery charges can be heard in the higher courts but are often heard in the Magistrates Court by consent between the parties. In the Magistrates Court, the maximum penalty that can be imposed for a single charge is imprisonment for 5 years. The maximum penalty for robbery (unarmed) in Victoria's higher courts (County Court and Supreme Court) is 15 years imprisonment.
02
Armed Robbery
Defence for robbery committed with weapons
For the prosecution to prove the offence of armed robbery, they must satisfy two elements of the offence. They can be found in s 75A of the Crimes Act 1958 (Vic) and are as follows:
1. The accused committed a robbery, and
2. At the time of committing the robbery, the accused had with them either:
- A firearm;
- Imitation firearm
- Offensive weapon
- Explosive; or
- Imitation explosive.
Charges for armed robbery will usually be heard in the County Court or in some cases, the Supreme Court. As the sentences available for a charge of armed robbery can be lengthy, expert legal advice is important in ensuring the most appropriate defence to a charge of robbery.
Once the case goes to court, it is up to the prosecution to prove all two elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
The maximum penalty this offence carries is 25 years imprisonment, known as a Level 2 imprisonment.
The maximum penalty this offence carries is 25 years imprisonment, known as a Level 2 imprisonment.
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
Why Clients Choose Emma Turnbull Lawyers to Defend Robbery Charges
Every case is overseen by an Accredited Criminal Law Specialist.
At Emma Turnbull Lawyers, we specialise exclusively in criminal defence, including defending high-stakes robbery offence charges across Victoria. We provide strategic advice and strong advocacy when it matters most. Whether you have been charged with a robbery offence or are under investigation, our team of experienced criminal defence lawyers can provide you with the right advice to minimise the risk of a mandatory sentence being imposed against you.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
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