Have you or a loved one been accused of Armed Robbery? You must call our office to arrange a conference with one of our experienced criminal defence lawyers. You may receive a prison sentence if your case is not handled properly.
Police InterviewThe police will interview you about an allegation of Armed Robbery if they believe you are responsible. The interview is an information gathering process for the police. It is not normally the time or place for you to offer an explanation of where you were and expect that charges will go away. Normally, the police will have gathered evidence against you before interviewing you. Therefore, it is important that you speak with one of our lawyers before your interview.
You may want to know:
- Do I have to answer their questions?
- Will I be remanded if I don’t answer their questions?
- Do I have to give my fingerprints?
Pleading Not GuiltyOne of our experienced lawyers can represent you in defending an allegation of Armed Robbery. Our lawyers will carefully analyse the evidence to look for issues which can be highlighted at court. Our lawyers are pro-active and will look for evidence the police have over-looked to demonstrate they have accused the wrong person. For example, our lawyers will consider:
- If you have an alibi,
- If your phone records show you were in a different location at the time of the Armed Robbery,
- If your bank records show you were in a different location at the time of the Armed Robbery,
- If we need to subpoena the production of material.
Our firm has in-house counsel who run trials in the County and Supreme Courts. They can get involved in your case from the beginning so you will have two lawyers working on your case.
Pleading GuiltyYou must get advice from one of our lawyers before you decide to plead guilty to Armed Robbery. Armed Robbery attracts a prison sentence and you must be informed of the consequences before you agree to something you may not completely understand. Preparing for a plea hearing to Armed Robbery is a delicate process. Our lawyers will carefully go through the brief with you to make sure you understand what you are accepting responsibility for. Our lawyers will also advise you of all the things you should do to get you the best possible outcome in court.
SentencingSentencing in the higher courts of Victoria
Armed robbery (s75A of the Crimes Act 1958) is an indictable offence, which means that it is triable by a judge and jury in the County or Supreme Court. It carries level 2 (25 year) imprisonment as a maximum penalty, which is the second highest maximum penalty behind life imprisonment.
This offence can only be heard in the County or Supreme Court as it is a strictly indictable charge which means it can not be heard summarily in the Magistrates’ Court.
Armed Robbery: Elements of the offenceSection 75A of the Crimes Act 1958 defines the elements that the prosecution must prove beyond reasonable doubt to satisfy a charge of armed robbery:
A person will be guilty of armed robbery where:
- They commit any robbery;
- And at the time have with them a firearm, imitation firearm, offensive weapon, explosive or imitation explosive.
The offence of robbery is set out in section 75 of the Crimes Act 1958. To prove this offence, the Prosecution must establish beyond reasonable doubt the following elements:
The accused committed theft
The first element the Prosecution must prove is that the accused committed a theft (stole something). A person steals if he or she dishonestly appropriates property belonging to another and does so with the intention of permanently depriving the other of the property. An intention to temporarily deprive the owner of his or her property is not enough to meet the elements required of a theft.
The accused either:
- Used force on any person; or
- Put any person in fear that the accused or another person would, then and there, be subject to the use of force; or
- Sought to put any person in fear that he or she or another person would, then and there, be subject to the use of force.
- The use of force is easily established by way of any use of physical force.
- Put any person in fear requires that the victim must have feared that the force would be used “then and there”. There is a minimum standard for threats capable of meeting this element. The threat must be sufficient enough to cause personal intimidation.
- Sought to put any person in fear requires that the accused sought to put the victim in fear, even if that attempt was not successful. It is not a requirement that the victim was actually fearful.
This is in reference to element 2, namely, the force, fear of force, or act that sought to inflict fear of force, was applied “immediately before or at the time” of the theft. Force applied or fear induced after the fact will not meet the requirements of this element.
It is important to note that the act of theft can be a continuous act. The force applied or fear induced can occur at any time prior to the act of stealing being complete.
The accused did so in order to commit a theft.
Lastly, the force must have been used or threatened in order to carry out the theft.
The second element the prosecution must prove to satisfy a charge of armed robbery is that the accused had with them a firearm, imitation firearm, offensive weapon, explosive or imitation explosive with him or her at the time of the theft.
The accused must have possessed one of the described items for the purpose of the robbery. This element will be satisfied if the accused had on their person, at the time of the robbery, an article readily available for use. On the other hand, a person does not have an article with them for the purpose of this element if it is packaged in a way that it cannot be used (for example, if it is contained within a sealed packaged in a bag).
If the accused is unaware that he or she had the article on their person, they cannot be found to have possessed it for the purpose of the robbery. However, an article may be “used” by doing more than drawing attention to its existence.
Check out some of the criminal cases we’ve defended in court that involve the offence of Armed Robbery:
- Community Corrections Order Cancelled – Breach CCO, Armed Robbery
- Applying for Bail for Armed Robbery
- CCO for Armed Robbery and Recklessly Causing Injury
- Aggravated Burglary and Armed Robbery
- Withdrawing a Charge of Armed Robbery
Other important resources
The particular circumstances of the offence will determine the gravity of the offence, which will in turn determine whether a term of imprisonment will be imposed, and if so, how long it will be.
The sentencing Judge will commonly consider:
- The role of the individual person;
- The planning involved and method used;
- The value of the items stolen;
- The weapons that were involved and how they were used;
- The impact on the victim;
- The nature of the harm caused to the victim.