Have you been charged with Armed Robbery?
Armed Robbery is a serious charge that carries severe penalties including imprisonment. However you may have defences available to you that you are unaware of.
- Can the prosecution establish all elements of the offence?
- Did a theft of property occur?
- Was there an actual use of force or a fear of force being used at the immediate time of the theft?
- Was there a weapon present at the time and was it used in order to steal?
These factors are all relevant and with the help of an experienced criminal lawyer may serve as the basis for an effective defence to a charge of Armed Robbery.
For further information about the charge please read below.
The offence of armed robbery
Section 75A of the Crimes Act 1958.
The prosecution must prove:
The defendant committed theft;
Immediately before or at the time of the theft the defendant either used force on a person, put another person in fear that force would be used against them or sought to put a person in fear that force would be used against them;
That the defendant acted in that way in order to commit the theft;
The accused had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive at the time of the theft.
The maximum penalty regarding armed robbery
Level 2 imprisonment being a maximum of 25 years
Where will my case be heard?
Armed Robbery charges must be heard in the County or Supreme Court, with the majority heard in the County Court.
What to do next?
Armed Robbery is a serious charge with high penalties, including imprisonment, if you are convicted. We recommend you contact an experienced criminal lawyer to help prepare for your matter as soon as possible.
The legislation regarding armed robbery
Section 75A Armed robbery
(1) A person is guilty of armed robbery if he commits any robbery and at the time has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the meaning assigned to those terms for the purposes of section 77(1).
(2) A person guilty of armed robbery is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Note
An offence against this section is a category 2 offence under the Sentencing Act 1991 if—
(a) the offender has with him or her a firearm at the time of the offence; or
(b) a victim of the offence has suffered injury as a direct result of the offence; or
(c) the offence was committed by the offender in company with one or more other persons.
See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.
See DPP v Moodie-Williamson for an older decision that our firm handled regarding an armed robbery that led to no gaol time (very rare, because of the operation of s5(2H). The same decision may not ensue because the offence now attracts mandatory gaol).
