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Robbery Offences - QLD

What the law says

Section 409 of the Criminal Code Queensland states:

Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to it being stolen is said to be guilty of robbery.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused:

  1. steals;
  2. anything;
  3. and at or immediately before or immediately after the time of stealing it;
  4. uses or threatens to use actual violence
  5. to any person or property
  6. in order to obtain the thing stolen or to prevent resistance to it being stolen.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Robbery is 14 years imprisonment.

Which court will hear the matter

This matter is indictable which can only be dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Self Defence
  4. Intoxication
  5. Insanity
  6. Identification ie not the accused

There was no threat or actual violence used or threatened

Robbery Criminal Law Article written by Bill Potts (a Queensland criminal lawyer who is experienced in matters).

 

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