If you have been charged with armed robbery, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of armed robbery, they must satisfy two elements of the offence. They can be found in s 75A of the Crimes Act 1958 (Vic) and are as follows:
- The accused committed a robbery, and
- At the time of committing the robbery, the accused had with them either:
- A firearm;
- Imitation firearm
- Offensive weapon
- Explosive; or
- Imitation explosive.
Will I have to go to court?
Charges for armed robbery will usually be heard in the County Court or in some cases, the Supreme Court. As the sentences available for a charge of armed robbery can be lengthy, expert legal advice is important in ensuring the most appropriate defence to a charge of robbery.
Once the case goes to court, it is up to the prosecution to prove all two elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
The maximum penalty this offence carries is 25 years imprisonment, known as a Level 2 imprisonment.
What sentences are usually given?
According to the Sentencing Council Victoria, between 1 July 2011 and 30 June 2016, 741 people were sentenced with robbery as the principal offence. From that number, 74.8% were given imprisonment sentences, with a maximum term of 18 years. The median length of an imprisonment sentence was 3.25 years.
Non-imprisonment sentences included Community Corrections Orders (12%) and Youth Justice Centre Orders (9.8%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.