Withdrawing a Charge of Armed Robbery

This is a case involving the withdrawal of a charge of Armed Robbery. Other charges include causing injury offences and Theft of Motor Vehicle.

What is alleged to have occured?
Our client is 16 years of age and was charged with armed robbery, causing injury offences and theft of motor vehicles. The charges related to an incident occurring in the early hours of the morning where someone’s car was stolen in a manner that has been described in the media of late as a ‘carjacking’.

It was alleged that our client and a few other young men were driving around in two stolen cars. They allegedly planned to ‘hijack’ and steal a luxury car which eventually occurred.

The victim was driving home from work when his car was hit in an intersection by a car travelling behind him. The victim detailed that several people got out of the car, assaulted him, and then took his car.

Our client was arrested on the same night as these offences took place, on the other side of town having been observed in the car stolen from the victim. During his interview, our client admitted that prior to the incident, he was driving around with others and that he was present at the scene where the armed robbery occurred. He admitted that there was a plan to steal a car but denied any involvement in approaching the victim or conduct amounting to an armed robbery.

The victim was not able to positively identify anyone involved.

What happened at court?
We represented the client at the Moorabbin Children’s Court on the charge of Armed Robbery. She was ultimately successful in withdrawing the charge of Armed Robbery and the causing injury offences.

We maintained that the prosecution would not be able to prove an armed robbery and that the matter should settle on charges of theft of motor vehicle. Aside from our client’s own admissions, the prosecution did not have a great deal of evidence connecting our client to the armed robbery.

Armed robbery is one of the most serious offences known to the criminal law and attracts significant penalties, even in the Children’s Court jurisdiction. Our client is 16 years of age and has no criminal history. As such, it was very important to keep the criminal charges that would now appear on his record to an absolute minimum.

What was the result?
Ultimately the prosecution agreed to settle the matter, withdrawing the charge of Armed Robbery and injury offences and our client pleading guilty to theft of motor vehicle charges.

Given the positive manner in which the charges have resolved, he is now able to receive a much lighter penalty and to move on with his schooling and family life.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 16/08/2017