What the Law states - Armed Robbery
Sections 410 and 411 of the Criminal Code Queensland states:
410. Any arm which is loaded in the barrel or chamber with any explosive substance, and with any solid substance capable of being projected is deemed to be "loaded arms". Although an attempt too discharge the same may fail from want of proper appliances or from any other cause.
411. (1) Any person who commits the crime of robbery is liable to imprisonment for fourteen years.
(2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with one or more person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.
What the Police must prove - Armed Robbery
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) is or pretends to be armed with a dangerous or offensive weapon or instrument; or
(2) is in company with one or more persons: or
(3) at or immediately before or immediately after the time of the robbery wounds or uses personal violence to any person.
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 - Armed Robbery
The Maximum penalty for the offence of Armed Robbery; Armed Robbery in Company; If the victim is wounded; or if there is any other personal violence is life imprisonment.
Which court will hear the matter - Armed Robbery
This matter is indictable which can only be dealt with in the District Court.
Possible Defences - Armed Robbery
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 person
7. Person is not armed
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Armed Robbery matters.)
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