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Robbery Charges

Ensure you seek advice as soon as possible if you have been charged with any type of robbery offence.

The offence of robbery occurs when violence is used (or threatened) immediately before or after stealing property.  The offence is serious, and carries a maximum period of imprisonment of 14 years.  The matter must be heard before the District Court, and will often result in a term of actual imprisonment.  This is particularly true if you are charged with an aggravated offence, such as armed robbery.

It is important that you seek legal advice as soon as possible after the incident.  This will ensure that you understand your rights and obligations, and your options in progressing the matter.  We will talk you through the process, and give you all of the information you need to make an informed decision about your matter.

We can assist you with:

Armed Robbery

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Robbery in Company

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Robbery with wounding or violence

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Attempted Robbery

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Armed Robbery

The offence of robbery occurs when violence is used (or threatened) immediately before or after stealing property.  The aggravated offence of “armed robbery” applies if you were armed (or pretend to be armed) with a dangerous or offensive weapon during a robbery offence.

Aggravated robbery offences are among the most serious offences in Queensland.  You are likely to spend time in custody if you are convicted of a robbery offence with an aggravating circumstance, such as armed robbery.  It is therefore important that you seek legal advice as soon as possible.

What if I didn't have a real weapon?

The definition of “dangerous or offensive weapon” is broad, and includes:

  1. items ordinarily considered to be weapons, including a gun or knife; and
  2. items not ordinarily considered to be weapons, including a syringe or screwdriver.

The classification of an item as a weapon relies on the manner in which the item was used.  If you committed a robbery offence while threatening a person with a screwdriver, you will likely be charged with the aggravated offence of armed robbery.

It does not matter if the weapon was “real” or “fake”.  If the weapon was fake (for example, a replica gun), it is likely to be alleged that the offence was committed while pretending to be armed with a weapon.  The same maximum penalties apply in these circumstances.

It is important to seek legal advice if it is alleged that you committed a robbery offence while armed with any implement.  The penalties are severe and it is vital that you obtain legal assistance at the earliest possible opportunity.

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What Court will my matter be heard in?

Your matter cannot be heard in the Magistrates Court.  Your matter must be committed to the District Court to be finalised.

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What is the maximum punishment for armed robbery?

The maximum penalty for robbery is 14 years imprisonment.  The maximum penalty increases where an aggravating feature, such as being armed, applies.  The maximum penalty for armed robbery is life imprisonment.

It is likely you will spend time in custody if you are convicted of this offence.  We strongly recommend that you seek legal advice as soon as possible.

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What should I do if I have been charged with armed robbery?

If you have been charged with armed robbery, contact our office as soon as possible on (07) 4963 2000 or via our online contact form.

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Robbery in Company

The offence of robbery occurs when violence is used (or threatened) immediately before or after stealing property.  The aggravated offence of “robbery in company” applies if you were in the company of another person when the offence was committed.

Aggravated robbery offences are among the most serious offences in Queensland.  You are likely to spend time in custody if you are convicted of a robbery offence with an aggravating circumstance, such as robbery in company.  It is therefore important that you seek legal advice as soon as possible.

What Court will my matter be heard in?

The offence of robbery in company is an indictable offence.  Therefore, your matter must be heard before the District Court.

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What is the maximum punishment for robbery in company?

The maximum penalty for robbery is 14 years imprisonment.  It is an aggravating circumstance if the offence occurred while you were in the company of one or more other people.  The penalty for the aggravated offence of robbery in company is life imprisonment.

It is likely you will spend time in custody if you are convicted of this offence.  We strongly recommend that you seek legal advice as soon as possible.

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What should I do if I have been charged with robbery in company?

If you have been charged with robbery in company, contact our office as soon as possible on (07) 4963 2000 or via our online contact form.

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Robbery with Wounding or Personal Violence

The offence of robbery occurs when violence is used (or threatened) immediately before or after stealing property.  The aggravated offence of “robbery with wounding or personal violence” applies if you:

  1. used personal violence against any person; or
  2. wounded a person during the course of the offending.

Aggravated robbery offences are among the most serious offences in Queensland.  You are likely to spend time in custody if you are convicted of a robbery offence with an aggravating circumstance, such as robbery with wounding or personal violence.  It is therefore important that you seek legal advice as soon as possible.

What if the injury was minor?

You will be charged with the aggravated offence of robbery with wounding and personal violence if any injury was caused, or if any violence was used against a person.  The extent of the injury or violence is immaterial to the offence.

However, these are important factors in sentencing.  The sentence you receive will take into account the level of violence and the extent of the injury caused.

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What Court will my matter be heard in?

The offence of robbery with wounding or personal violence is an indictable offence.  Therefore, your matter must be heard before the District Court.

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What is the maximum punishment for aggravated robbery?

The maximum penalty for robbery is 14 years imprisonment.  It is an aggravating circumstance if a person was wounded or personal violence was used during the offence.  The penalty for the aggravated offence of robbery with wounding or personal violence is life imprisonment.

It is likely you will spend time in custody if you are convicted of this offence.  We strongly recommend that you seek legal advice as soon as possible.

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What should I do if I have been charged with robbery with wounding or personal violence?

If you have been charged with robbery with wounding or personal violence, contact our office as soon as possible on (07) 4963 2000 or via our online contact form.

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Attempted Robbery

The offence of attempted robbery occurs when violence is used during an attempt to steal an item or thing.  You may be charged with this offence if you:

  1. assault a person with the intent to steal an item;
  2. you use or threaten violence immediately before or after the assault; and
  3. you use violence to steal something or to overcome resistance.

This is a serious offence that must be heard before the District Court.  The maximum penalty able to be imposed is a period of seven years imprisonment.  The penalty can increase if a circumstance of aggravation applies to your circumstances.

What if I was armed or with other people?

There are certain circumstances that “aggravate” the offence of attempted robbery, and increase the maximum penalty able to be imposed.  These aggravating circumstances include:

  1. if you were in the company of one or more people during the offence; and
  2. if you were armed, or pretended to be armed, during an offence.

In these circumstances, the maximum penalty increases to a period of 14 years imprisonment.

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What is considered a weapon?

The definition of “weapon” is broad, and includes:

  1. items ordinarily considered to be weapons, including a gun or knife; and
  2. items not ordinarily considered to be weapons, including a syringe or screwdriver.

The classification of an item as a weapon relies on the manner in which the item was used.  If you attempted to commit a robbery offence while threatening a person with a screwdriver, you will likely be charged with the aggravated offence of attempted robbery while armed.

It does not matter if the weapon was “real” or “fake”.  If the weapon was fake (for example, a replica gun), it is likely to be alleged the attempted robbery occurred while pretending to be armed with a weapon.  The same maximum penalties apply in these circumstances.

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What if I was armed and caused an injury to someone?

The offence of attempted robbery while armed is aggravated further if someone was injured, or if violence was used.   In these circumstances, the maximum penalty increases to life imprisonment.

It is important that you seek legal advice as soon as possible if you are charged with this aggravated offence, given the severity of the charge and the penalty able to be imposed.

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What Court will my matter be heard in?

The offence of attempted robbery (either with or without aggravating circumstances) is an indictable offence.  Therefore, your matter must be heard before the District Court.

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What should I do if I have been charged with attempted robbery?

If you have been charged with attempted robbery, contact our office as soon as possible on (07) 4963 2000 or via our online contact form.

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Why it’s important to get advice

There is always a range in the severity of penalty that could be imposed, even in matters where a period of mandatory imprisonment applies.  The presiding Judge or Magistrate has discretion and will impose a penalty that is appropriate in your circumstances.

We can assist by ensuring the presiding Judge or Magistrate has all of the relevant information, and is aware of your particular circumstances and mitigating factors.  This can result in you having a lesser penalty imposed.

If you would like legal advice about your matter, or for our office to represent you, please contact our office on (07) 4963 2000 or via our online contact form.

If you have been charged a robbery offence

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(07) 4963 2000
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The information contained on this website provides a general overview of criminal law and traffic matters.  The information provided is not specific to your matter, and is not legal advice.  You should seek legal advice from your lawyer to ensure you understand your rights and obligations, and your options to progress your criminal or traffic matter.  The information provided on this site is not a substitute for legal advice.  If you would like legal advice about your matter, please contact our office on (07) 4963 2000 or via our online contact form.

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