Overview

Robbery is the taking of property by force whereby the person releasing the property would not have done so but for the threat that they perceived.

Penalties are severe and often include imprisonment, particularly if it is armed robbery. Robbery is aggravated if it occurs in the company of another ‘offender’. It can occur with or without a weapon and there are a number of variations on the exact nature of the offence.

Bail might be a problem for a person charged with robbery. If bail is refused, you might be sitting in gaol for quite some time before your matter is dealt with – waiting for the brief of evidence to be served, or waiting for a committal hearing or trial to eventuate, or waiting for a Supreme Court bail application.

There are often problems with the prosecution case involving robbery matters. One of the common problems is that of identification – notoriously unreliable. Another problem is often the delay between the time of the alleged offence and the time of arrest. Even where DNA or fingerprint evidence is located, there can be an explanation consistent with innocence.

There is no room for error in defending a person accused of robbery – the assistance of an experienced criminal defence lawyer is required.

If you know someone charged with robbery who is in prison, we can also attend that person in gaol upon request.

FAQs

What is Robbery?

Robbery is a crime that involves a number of elements. Firstly, there must be an intention to steal. Secondly there must be some degree of force or threat used to put the victim in fear. Thirdly, the property must be taken from the victim (although it can involve a threat made so that property is taken from another person). The taking of the property is ‘larceny’. Larceny has its own set of essential elements, including the taking or carrying away of property belonging to another person, without claim of right, with an intention to permanently deprive that person of the goods or property.

Other Types of Robbery

There are other types of Robbery including Robbery in Company, Robbery With Wounding, Robbery Whilst Armed. In addition, there are aggravated forms of those offences which carry substantial periods if imprisonment. Some carry standard non parole periods and others are the subject of Guideline Judgments.

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