Robbery and armed robbery are among the most serious offences in the Crimes Act 1958, combining theft with violence or the threat of violence. McMahon Criminal Defence Lawyers defends these charges from committal through to County Court trial, on fixed fees.
Robbery (Section 75)
A person commits robbery if they steal and, immediately before or at the time of stealing, use force on a person or put (or seek to put) a person in fear of being subjected to force. In short, robbery is theft accompanied by violence or the threat of violence. The maximum penalty is 15 years’ imprisonment. The law sets no minimum level for the force required.
Armed Robbery (Section 75A)
Robbery becomes armed robbery where, at the time, the accused has with them a firearm, imitation firearm, offensive weapon, explosive or imitation explosive. The maximum penalty is 25 years’ imprisonment. Note that an imitation weapon is enough — the weapon need not be real or functional.
What the Prosecution Must Prove
- a theft occurred (dishonest appropriation of another’s property with intent to permanently deprive);
- the accused used force, or put or sought to put a person in fear of force;
- that force or threat occurred immediately before or at the time of stealing; and
- for armed robbery, that the accused was carrying a relevant weapon.
Defending the Charge
- No theft — including an honest claim of right to the property, which is a defence to both theft and robbery;
- No force or threat — reducing robbery to theft;
- Identification — commonly decisive;
- Disputing the weapon element — reducing armed robbery to robbery; and
- Negotiated resolution, noting theft is an alternative and often preferable charge.
Given the very high penalties, get advice immediately. Contact us as soon as possible; for bail see our guide to bail. See also our main theft and dishonesty offences page.
Frequently Asked Questions
What is the difference between robbery and armed robbery?
Robbery (section 75) is theft accompanied by force or the threat of force, with a maximum of 15 years. Armed robbery (section 75A) is a robbery committed while carrying a firearm, imitation firearm, offensive weapon or explosive, and carries a maximum of 25 years.
Does the weapon have to be real for armed robbery?
No. An imitation firearm or imitation explosive is enough to make a robbery an armed robbery. The weapon does not need to be real or functional — what matters is that the accused had it with them at the time.
What is the difference between robbery and theft?
Theft is the dishonest taking of property. Robbery is theft combined with the use of force, or putting someone in fear of force, immediately before or at the time of the taking. The violence or threat is what elevates theft to robbery.
What is the maximum penalty for robbery in Victoria?
Robbery carries a maximum of 15 years’ imprisonment under section 75, and armed robbery a maximum of 25 years under section 75A. While indictable, robbery can sometimes be heard in the Magistrates’ Court by consent, where a lower maximum applies to a single charge.
Can an armed robbery charge be reduced?
Potentially. If the weapon element cannot be established, armed robbery may be reduced to robbery; if force or threat cannot be proved, robbery may be reduced to theft. An honest claim of right to the property is a defence to both. These are matters for negotiation based on the evidence.
Get Expert Legal Advice — Fixed Fees, No Surprises
McMahon Criminal Defence Lawyers provides experienced, fixed-fee representation for this charge and all criminal matters, appearing at the Ballarat Magistrates’ Court and across Victoria. Contact us for a free, confidential initial consultation.
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