Criminal Lawyers Melbourne

Robbery

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


Robbery Offences - VIC
The Law - Robbery

What the Law states - Robbery


Crimes Act 1958 - SECT 75

Robbery

75. Robbery

(1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear that he or another person will be then and there subjected to force.

(2) A person guilty of robbery, or of an assault with intent to rob, is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).

Maximum Penalty in Victoria



15 years

What the Prosecution must prove - Robbery - Vic


(a) The accused committed theft.

(b) The accused used force on another person or sought to induce fear of force in another person.

(c) The accused did so immediately before or at the time of stealing.

(d) The accused did so for the purpose of the theft.

Possible Defences - Robbery


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.


 

Which court will hear the charge of Robbery


In the Magistrates' Court, if the amount or value of the property alleged to have been stolen does not in the judgment of the Court exceed $100,000. Otherwise 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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