Canberra & the ACT · Robbery and theft
Robbery charges in the ACT.
Robbery is theft with force or the threat of force. In the ACT it sits in the Criminal Code 2002, and the aggravated form, in company or with a weapon, lifts the maximum to 25 years. Identification and the force element are where these matters are contested.
- Robbery14 yearss 309 Criminal Code 2002 (ACT)
- Aggravated robbery25 yearss 310, in company or armed
- CourtSupreme / MagistratesBy seriousness
- Key issueIdentity & forceThe two pillars
The ACT offences.
Robbery is theft with force or the threat of force applied to a person at the time of the theft. The force element is what separates robbery from theft. Aggravated robbery adds a weapon or the presence of others, and the maximum rises steeply. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Robbery and aggravated robbery are indictable. The serious matters are tried in the ACT Supreme Court, and aggravated robbery is among the offences that can be dealt with summarily by consent in the Magistrates Court where the law allows. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the level of force, any weapon, and the vulnerability of the victim all bear on the outcome.
Defences and issues that matter.
Identification.
Robbery prosecutions often rest on identification from CCTV, an eyewitness or a photoboard. Where the identification is weak, that is the first thing tested.
The force or threat.
If property was taken without force or a threat of force, the proper charge is theft, not robbery, which carries a lower penalty. The boundary is examined closely.
Intent and claim of right.
Robbery requires a dishonest taking. Where the accused was retrieving their own property, or believed they had a right to it, the offence may not be made out.
How the matter is run.
The identification material, the account of force, and any electronic evidence are the core of a robbery brief. The work is to test identification, decide whether the force element is really present, and place the matter in the right charge. The serious matters are prepared for trial in the Supreme Court.
Frequently asked.
What is the difference between robbery and theft in the ACT?
Robbery is theft with force or the threat of force applied to a person at the time. Theft has no force element. The presence of force is the dividing line, and it carries a much higher penalty.
What is aggravated robbery in the ACT?
Robbery committed in company or with an offensive weapon, under s 310 of the Criminal Code 2002 (ACT). It carries up to 25 years, compared with 14 years for robbery under s 309.
Where is a robbery charge heard in the ACT?
The serious matters are tried in the ACT Supreme Court. Aggravated robbery can be dealt with summarily by consent in the Magistrates Court where the law allows.
What defences are there to robbery?
Identification is the most common, along with whether the force element is really present, which can reduce the charge to theft, and claim of right where the accused was retrieving their own property.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019