Robbery (ACT)

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.