Law Information - Robbery Offences - TAS

Robbery

Date: 09/01/2009

The Law -

>Criminal Code Act 1924 – SECT 240

240. Robbery, &c.

(1) A person who steals anything and, immediately before, at, or immediately after the time of stealing that thing, uses or threatens to use violence to any person or property in order to obtain that thing or to prevent or overcome resistance to the stealing of that thing is guilty of a crime which is called robbery.

(2) A person who commits robbery and –

(a) is in company with any other person or persons at the time of committing that robbery; or

(b) causes bodily harm to any person immediately before, at, or immediately after the time of committing that robbery –   is guilty of a crime which is called aggravated robbery.

(3) A person who commits robbery and is armed with a firearm or other dangerous or offensive weapon or instrument at the time of committing that robbery is guilty of a crime which is called armed robbery.

(4) A person who commits aggravated robbery and is armed with a firearm or other dangerous or offensive weapon or instrument at the time of committing that robbery is guilty of a crime which is called aggravated armed robbery.

What the prosecution must prove - Robbery

(a) The accused committed theft.

(b) The accused used or threatened to use violence on another person / or caused bodily harm

(c) The accused was armed with a firearm or other dangerous or offensive weapon or instrument

(d) The accused did so immediately before, at or immediately after the time of stealing.

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

The Maximum Penalty for Robbery is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

Possible Defences - Robbery

(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Mental impairment

The Court process - Robbery

Supreme Court