If you are charged with Robbery, it means that you have taken something from another person by using a degree of threat to place the person in fear. An example of this is robbery of a store till from the employee. There are different types of robbery charges, as robbery charges differ according to the nature of the alleged incident.

The different types of robbery listed in the Crimes Act 1900 are:
· Aggravated robbery (s 95 of the Crimes Act);
· Aggravated robbery with wounding (s 96 of the Crimes Act);
· Armed robbery, or robbery in company (s 97 of the Crimes Act);
· Armed robbery or robbery in company resulting in wounding (s 98 of the Crimes Act).
· Robbery or stealing from the person (s 94 of the Crimes Act);

In order to be found guilty of any of these offences the prosecution need to prove elements of the crime they allege you have committed. For you to be convicted of a robbery the prosecution must prove beyond a reasonable doubt that you:

• Had an intention to steal
• Took property from another person.
• Used some degree of threat of force putting the person in fear
• By using violence or putting the victim in fear

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the Robbery charge, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.
It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.
The offence of Robbery can only be heard in the District Court. Sentences differ according to the charge of the robbery.

The penalty of Robbery varies according to the actual charge.

Pleading Not Guilty

If you disagree with the Robbery charge, then it is best you enter a plea of not guilty. Defences that can be used are:

• Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.
• Having a ‘claim of right’ is a defence to the charge which is where you genuinely believed you were legally entitled to the property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you had an intention to steal, took property from another person, used some degree of threat or force putting the person in fear by using violence or putting the victim in fear. If the prosecution fail to prove these elements then you will be found not guilty.