Robbery is a crime that law enforcement does not take lightly. Robbery is regarded as a composite offence since it has elements of a property offence and a violent crime.
If you have been charged with robbery, you can benefit from a seasoned criminal defence lawyer who can consider your rights and ensure that you are well-placed to get the best outcome for your matter.
What Does It Mean To Instruct a Lawyer?
Instructing a lawyer means engaging them to act for you and telling them what you want done. In practice, it involves giving a full and honest account of what happened, handing over relevant documents, and making the key decisions in your case, such as how to plead, based on their advice.
Everything you tell your lawyer is confidential, and being frank, even about facts that seem damaging, is what lets them prepare your defence properly.
Law on Robbery
In Victoria, robbery is covered by the Crimes Act 1958. Section 75 of the Crimes Act states that it’s an offence to steal when straight before or during the act force is inflicted on a person or a person is made to fear such force.
This crime carries a punishment of up to 15 years imprisonment.
Armed Robbery
Section 75A of the Crimes Act states that it’s an offence to commit robbery using a firearm or another dangerous weapon.
If convicted, you could be sentenced to up to 25 years imprisonment.
How Robbery Differs From Theft and Burglary
Theft is the dishonest taking of property without any force or threat. Robbery is essentially theft plus force, or the fear of force, used against a person. For more on the underlying offence, read our guide on how a criminal defence lawyer can assist you with matters relating to theft.
Burglary is different again. It involves entering a building as a trespasser with intent to steal or commit certain other offences, and no confrontation with a person is required. Our article covering a criminal defence lawyer's insights into burglary explains that offence in detail.
These charges all sit within the broader family of dishonesty offences, which also includes fraud and deception. You can learn more in the lowdown on fraud and deception offences, and our theft and dishonesty offence lawyers in Melbourne can advise you on where your charge fits.
Elements of Robbery
To prove that someone has committed robbery or armed robbery, the prosecution will have to satisfy each of these elements:
- The Accused Stole Property
It must be shown that the accused dishonestly acquired property that belonged to another.
The accused must have intended to deprive the victim of the goods permanently.
- Force or the Fear of Force Was Used To Commit the Crime
The law does not stipulate how much force is required. Force does not have to be directed at a body part, and it can be directed at something the victim is holding.
A threat must have been made to prove that the accused made someone afraid of force. It must also be proven that the victim feared the threat would materialise then and there.
- Force Occurred Straight Before or When the Theft Took Place
If the force or fear of force was directed after the theft occurred, it would not amount to robbery.
- The Purpose Must Have Been To Commit Theft
The threat or actual force must have taken place for the purpose of theft.
What Happens After You Are Charged in Victoria
After being charged, you will usually be released on a summons or on bail to appear at court, or in more serious cases held for a bail decision. In due course the prosecution must provide the evidence against you.
Robbery and armed robbery are serious indictable offences, so your matter may progress through several court dates before any final hearing. Each stage is a chance for your lawyer to test the prosecution case, negotiate, or prepare your defence. Do not enter a plea before getting legal advice.
Defences
Possible defences against robbery or armed robbery include:
- Duress;
- Young Age;
- Facts such as mistaken identity; or
- The accused held a genuine belief that they owned the property in question.
In these instances, the elements of theft would not be met.
What Information Your Lawyer Needs From You
Bring as much as you can to your first meeting, including:
- The charge sheets and any paperwork the police gave you;
- Your bail undertaking and any conditions attached to it;
- Your own account of events, written down while your memory is fresh;
- Names and contact details of any witnesses;
- Any messages, receipts, CCTV references or records that support your version; and
- Details of your personal circumstances, such as work, family and health, which can be relevant to bail and sentencing.
If the police want to interview you, speak to a lawyer first. What you say in an interview can shape the whole case.
How a Criminal Defence Lawyer Can Assist You
As the accused, a lawyer can assist you in the following ways:
- Investigate your charges and collect evidence in support of your defence;
- Advise you on the best way forward;
- Enter into negotiations with the state on your behalf;
- Act as your representative at trial; and
- Motivate a more lenient sentence depending on your criminal history and circumstances.
Why Early Legal Advice Matters
The earlier you instruct a lawyer, the more options you have. Early advice can influence whether you answer police questions, how bail conditions are framed, and whether charges can be negotiated or resolved early. Helpful evidence, such as CCTV footage or witness recollections, is also easier to secure close to the event, so get advice promptly.
Conclusion
Robbery is a crime that carries hefty sanctions. If you have been accused of this crime, contact a lawyer to discuss possible defences and mitigating circumstances that can be considered during sentencing.
If you are a victim of this crime, you can also seek legal assistance to determine your rights and entitlements.
