According to the Australian Bureau of Statistics (ABS) in 2010, males were 65% more likely to be the victims of robbery, with the highest proportion of victims aged between 15 and 19. Furthermore, 18% of all instances of all robberies involved a knife. While mulling over the somewhat scary statistics from the ABS, we here at FindLaw thought that we should produce a piece relating to the crime of robbery, and the various elements that constitute the offence.
What is robbery?
The basic definition of a robber is someone who compels a person to give up personal property, either through threats or the use of actual violence.
In R v Foster, the New South Wales Court of Criminal Appeal (NSWCCA) stated that:
“the essence of robbery is that violence is done or threatened to the person of the owner or custodian who stands between the offender and the property stolen, in order to overcome that person’s resistance and so to oblige him to part with the property; in other words, the victim must be compelled by force or a fear to submit to the theft.”
The NSWCCA also further noted, that it is not sufficient for an offence of robbery to occur after the property had been taken, but rather, that both elements of the offence of robbery must correspond with one another in order for the offence to be considered as robbery. Another interesting sidenote is that robbery offences in New South Wales under the Crimes Act, only enumerates the offence, when compared to the other States, and that it is the common law that is instead applied in New South Wales.
What does ‘robbery in company’ mean?
Robbery in company is treated seriously in both Federal and State legislation, and is defined as a person who commits a robbery or assault with intent, in the company of one or more individuals.
A victim of a robbery in company, will generally be faced with the combined strength of multiple perpetrators, which can be an intimidating scenario, and legislation reflects the gravity of the offence via the type of punishments that can be issued to individuals found guilty of robbery in company.
To demonstrate the seriousness of the offence of robbery in company, we can look towards s 411 of Queensland’s Criminal Code which states:
“(1) Any person who commits the crime of robbery is liable to imprisonment for 14 years.
(2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other 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.”
It is important to highlight, that a person can be still found guilty of an offence of robbery in company, even if it was only one person who was the main perpetrator in committing the physical assault, and depriving a victim of their property.
What is armed robbery?
The use of the word ‘armed’ in robbery, usually means that a person has in their possession a weapon which is used for the purpose of committing the offence. Furthermore, if a person has a weapon which is available for the purposes of committing a robbery, they may still be considered to be ‘armed’ by the courts – even if they are not physically holding a weapon.
Case law has even gone as far to rule, that a replica pistol may be constituted as ‘arms’ as well.
Robbery is usually considered as a serious offence under Australian law. If you are experiencing any difficulties, or have any questions regarding your personal situation, please seek the assistance of a legal practitioner.
