Criminal Lawyers Melbourne

Armed Robbery

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


Robbery Offences - VIC
The Law - Armed Robbery

What the Law states - Armed Robbery


Crimes Act 1958 - SECT 75A

Armed robbery

75A. Armed robbery

(1) A person is guilty of armed robbery if he commits any robbery and at the
time has with him a firearm, imitation firearm, offensive weapon, explosive or
imitation explosive within the meaning assigned to those terms for the
purposes of section 77(1).

(2) A person guilty of armed robbery is guilty of an indictable offence and
liable to level 2 imprisonment (25 years maximum).

Maximum Penalty in Victoria


The maximum penalty for a charge of armed robbery is life 25 years.

The charge of armed robbery is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

Please see table below for sentencing snapshot of armed robbery in the higher Courts:

What the Prosecution must prove - Armed Robbery - Vic


(a) The accused committed robbery.

(b) At the time of the robbery, the accused was in possession of a firearm, imitation firearm, offensive weapon, explosive or imitation explosive.

Street name for Armed Robbery

Theft whilst armed

Possible Defences - Armed Robbery


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Necessity.

(f) Self-defence.


Which court will hear the charge of Armed Robbery


The charge of armed robbery is heard in the County Court.
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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