The Queensland Criminal Code provides that the offence of robbery is committed where violence is used or threatened to be used either immediately before or after the stealing of property.
The actual or threatened violence may also be used to prevent or overcome resistance to the stealing of the property.
To establish the offence of robbery, the prosecution is required to prove stealing of property, and, at or immediately before or immediately after the time of the stealing, also prove the use or threat to use violence to any person or property in order to obtain the thing intended to be stolen or to prevent or overcome resistance to it being.
To fulfil the requirements of this section, the violence or the threat of violence must be for the purposes of obtaining the property sought or allowing a person to overcome resistance.
In considering the degree or amount of violence required, the courts have determined that even very mild violence will be sufficient to substantiate this charge.
A person who commits robbery is liable for imprisonment for 14 years.
There are also three circumstances of aggravation that provide for a greater penalty of life imprisonment. These circumstances are:
A dangerous or offensive weapon is given a broad definition.
An offensive weapon can be something that is not in common use for any other purpose than a weapon, such as a gun or sword. It may also be ordinary items that could be considered weapons depending on the circumstances – examples being a screw driver, pair of scissors, or hypodermic needle.
Whether an item is determined by the law to qualify as a weapon depends on the manner in which it is used.
The offence of robbery, either with or without a circumstance of aggravation, must be dealt with on indictment in the District Court.
At Rawlings Criminal Law, our expert criminal lawyers have a great deal of experience in the District Court. We have appeared in courthouses in the Gold Coast, Brisbane, Northern NSW and all around Australia.
Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way.
In building our strongest application for you to be granted bail, we will design and structure your submission so that: