Our experienced criminal law solicitors have prepared a brief overview of the law relating to robbery.
If you or someone you care about is facing a charge of robbery, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other criminal charges, visit our DISHONESTY OFFENCES.
Robbery – The Law
Section 409 of the Criminal Code of Queensland creates the offence of robbery. The section provides:
Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is said to be guilty of robbery.
Elements of the offence
To be found guilty of the offence of robbery, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That the accused stole
- At or immediately before the stealing used or threatened violence
- In order to obtain the thing or prevent resistance to its being stolen
The maximum penalty for the an allegation of robbery is 14 years imprisonment.
If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.
Jurisdiction – Where will the matter be heard?
The offence of robbery is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the District Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of robbery. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.