Robbery in Australia
Robbery in Australia
Robbery is a composite offence, meaning it involves both violence and stealing. Different states and territories have different definitions of robbery and different maximum penalties that apply. In most states, robbery is an indictable offence that can be dealt with summarily. Aggravated robbery and armed robbery are strictly indictable offences that can only be finalised in the higher courts. This page deals with robbery in Australia.
Indictable and strictly indictable offences
Indictable offences are serious offences that are finalised in the higher courts. Indictable offences that can be dealt with summarily can be finalised by a magistrate by consent of the parties. In Western Australia, these offences are known as ‘either-way’ offences.
Strictly indictable offences can only be dealt with on indictment in the District Court, County Court or Supreme Court. They must first go through a committal procedure in the Magistrates Court or Children’s Court.
Robbery in Queensland
In Queensland, robbery is governed by section 409 of the Criminal Code. It carries a maximum penalty of imprisonment for 14 years.
Robbery offences in Queensland are strictly indictable offences and can only be finalised in the District Court.
Robbery in New South Wales
In New South Wales, the offence of robbery or stealing from the person is set out in section 94 of the Crimes Act 1900 and carries a maximum penalty of 14 years imprisonment.
If a robbery is committed under circumstances of aggravation, the maximum penalty increases to 20 years. Circumstances of aggravation include the use of corporal violence, the infliction of actual bodily harm, and deprivation of liberty.
A person who wounds another person during a robbery is liable to imprisonment for 20 years.
Robbery in Victoria
In Victoria, robbery is defined as using force on a person or threatening to do so in order to steal. It is set out in section 75 of the Crimes Act and carries a maximum penalty of 15 years. Armed robbery is set out in section 76 and carries a maximum penalty of 25 years.
Robbery in Tasmania
In Tasmania, robbery is defined as using or threatening to use force on a person or property in order to steal a thing or to overcome resistance to the stealing of the thing. A robbery is aggravated if it is committed in company with another person or if bodily harm is caused.
A maximum penalty of 21 years imprisonment applies for robbery in Tasmania.
Robbery in South Australia
In South Australia, robbery is contained in section 137 of the Crimes Act 1935. It carries a penalty of imprisonment for 15 years or for an aggravated offence, imprisonment for life.
Robbery is defined as using or threatening force to commit a theft, escape from the scene of the offence, or immediately before or after a theft.
Robbery in Western Australia
In Western Australia, robbery is an offence under section 392 of the Criminal Code Act Compilation Act. It carries a maximum penalty of 14 years, 20 years if aggravated or life imprisonment if committed while armed with a weapon.
Robbery in Northern Territory
In the Northern Territory, robbery is set out in section 211 of the Criminal Code Act 1983. It attracts a maximum penalty of 14 years imprisonment. If the offence is aggravated by the use of a weapon, by being in company with another person, or by causing harm to a person, it attracts a maximum penalty of life imprisonment.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
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