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In the ACT, the offence of robbery is contained in section 309 of the Criminal Code 2002. The offence is what is known as a composite offence, meaning that it is both a property offence and a violent offence. This page deals with robbery offences in the ACT.
The offence of robbery
A person is guilty of robbery if they commit theft and, immediately before, after or during the theft, they use force or the threat of force on a person with intent to commit theft or escape from the scene.
The offence is punishable by a fine of up to 1400 penalty units or imprisonment for 14 years, or both.
Aggravated robbery
A person is guilty of aggravated robbery if they commit the offence in company with one or more other persons; or commit the offence while having possession of an offensive weapon.
Aggravated robbery is punishable by up to 2,500 penalty units or up to 25 years imprisonment, or both.
Defences
A person charged with this offence may rely on any of the following defences:
- they did not commit theft
- they did not use or threaten to use force
- they were mentally impaired and could not understand or control their actions
Jurisdiction
Robbery matters where the amount of money or property allegedly involved does not exceed $30,000 may be finalised in the Magistrates Court, where the maximum penalty that can be imposed for a single offence is two years imprisonment. If a person under 18 is charged with this offence, the matter will be finalised in the Children’s Court.
Aggravated robbery is a strictly indictable offence and must be committed to a higher court for finalisation.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Frequently Asked Questions
What is the difference between robbery and aggravated robbery in the ACT?
Aggravated robbery carries harsher penalties than simple robbery and occurs when the offence is committed in company with others or while possessing an offensive weapon. Simple robbery is punishable by up to 1400 penalty units or 14 years imprisonment, while aggravated robbery can result in up to 2500 penalty units or 25 years imprisonment, making it a much more serious charge.
Which court will hear my robbery case in the ACT?
Your robbery case will be heard in the ACT Magistrates Court if the value involved is $30,000 or less, with a maximum penalty of two years imprisonment. Cases involving higher values may proceed to a higher court. If you're under 18, your matter will be finalised in the Children's Court, while aggravated robbery cases must always go to a higher court.
How much does it cost to get legal advice about robbery charges in the ACT?
Go To Court Lawyers offers fixed-fee consultations for $295, providing you with professional legal advice about your robbery charges. This consultation will help you understand the charges against you, potential defences, and the likely outcomes. Given the serious penalties involved (up to 14 years imprisonment for robbery), professional legal representation is essential for protecting your rights and achieving the best possible outcome.
How can a criminal lawyer help me with robbery charges in the ACT?
A criminal lawyer can examine the evidence to identify potential defences such as lack of theft, absence of force or threats, or mental impairment. They will negotiate with prosecutors, represent you in court proceedings, and work to minimize penalties or secure an acquittal. Given robbery's composite nature as both a property and violent offence, experienced legal representation is crucial for navigating the complexities.
Are there time limits for dealing with robbery charges in the ACT?
You should seek legal advice immediately upon being charged with robbery, as there are critical time limits for preparing your defence and making important legal decisions. Early legal intervention allows your lawyer to preserve evidence, interview witnesses, and develop the strongest possible defence strategy. Delays can significantly impact your case outcomes, so prompt action is essential for achieving the best results in court.
