Robbery
A person will be charged with robbery if they use or threaten violence immediately before or after stealing property from a person. Robbery offences can be found under section 409 of the Criminal Code 1899 (Qld).
What must Prosecution Prove?
Prosecution must prove beyond a reasonable doubt, that:
- The defendant stole something; and
- At the time of, or immediately before, or immediately after, stealing it, the defendant used or threatened to use actual violence to any person or property
Any degree of violence is sufficient. The use of violence means some degree of force has been used. The use or threat of violence must be done in order to obtain the thing stolen or to prevent or overcome resistance to it be stolen.
The charge of Stealing is always open as an alternative verdict on the charge of Robbery if the jury are not satisfied that violence was used, or threatened to be used.
Penalty for Robbery
Section 411 of the Criminal Code outlines that a person who commits robbery is liable to up to 14 years imprisonment. If any of the following circumstances of aggravation apply, the maximum penalty is life imprisonment:
- The offender was armed or pretended to be armed with an offensive weapon;
- The offender was in company with other people;
- The offender wounded or used personal violence on a person.
What is an ‘Offensive Weapon’?
The term ‘offensive weapon’ can be described as an item that can easily be recognised as a weapon, such as a knife or gun. It can also include an item that is normally used for something else, but has been used as a weapon such as a cricket bat or saucepan.
Court Process
Robbery offences must be finalised on indictment in the District Court. If an adult offender is charged with robbery, they must go through a committal proceeding in the Magistrates Court, and the matter will then proceed and be finalised in the District Court. If a juvenile is charged with robbery, they must then go through a committal proceeding to the Children’s Court of Queensland.
If a defendant pleads not guilty they will have a trial by Jury in the District Court who will determine their guilt. If they plead guilty, or are found guilty after trial, they will be sentenced by a Judge in the District Court.
The offence of Robbery is treated very seriously by the courts which is reflected in the maximum penalty that is allowed at law. In most cases, a defendant convicted of Robbery can expect to receive a period of imprisonment involving actual time in custody, even if they are young with no criminal history.
This post contains general advice only and is not intended as legal advice.
