Armed robbery is a serious criminal offence under section 75A of the Crimes Act 1958 (Vic). It is the most serious form of robbery — it carries all the elements of robbery, plus the additional requirement that at the time of the offence the accused had with them a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive.

Armed robbery is an indictable offence and is always heard in the County Court of Victoria. It carries a maximum penalty of 25 years imprisonment — significantly higher than the 15 year maximum for robbery.

At Angus Cameron and Partners, we have represented countless clients facing armed robbery charges across all Victorian courts. If you have been charged with armed robbery, it is important to get experienced legal advice as soon as possible. The elements of the offence are technical, and there may be significant defences available depending on the circumstances.

Elements

The prosecution must prove two elements beyond reasonable doubt:

  • you committed robbery; and
  • at the time of the robbery, you had with you a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive.

Each element is examined in detail below. Because robbery itself is an element of armed robbery, the prosecution must also prove all of the elements of robbery before a charge of armed robbery can be made out.

The robbery element

To establish robbery, the prosecution must prove three things beyond reasonable doubt:

  • you committed theft;
  • immediately before or at the time of the theft, you used force on a person, put a person in fear of immediate force, or attempted to put a person in fear of immediate force; and
  • you did so in order to commit the theft.

Theft

The prosecution must first prove that you committed theft — that is, that you dishonestly appropriated property belonging to another person, with the intention of permanently depriving them of it. The elements of theft are the same as for a standalone theft charge. If the prosecution cannot prove theft, neither a robbery nor an armed robbery charge can be made out.

Force or threat of force

The prosecution must prove that, immediately before or at the time of the theft, you either used force on a person, or put a person in fear that they or someone else would be subjected to immediate force. An attempt to put someone in fear is also sufficient.

There is no minimum level of force required — even a small degree of physical force can satisfy this element. Whether the force used, or the threat made, was sufficient is a question for the jury to decide based on all the circumstances.

The threat must be of immediate force — that is, force to be applied then and there. A threat of future harm does not satisfy this element.

Timing

The force or threat must occur immediately before or at the time of the theft — not after it. However, an act of appropriation can be a continuing act, meaning that the theft is not necessarily complete the moment property is first taken. If force is used at any point before the appropriation is fully complete, this element will be satisfied. Whether the theft was complete at the relevant time is a question for the jury.

In order to commit the theft

The force or threat must have been used in order to carry out the theft. This does not require proof that the force or threat actually caused the victim to hand over the property — only that it was used for the purpose of committing the theft.

This element will not be satisfied where force was used for a different reason entirely, and the accused then took advantage of an opportunity to steal that arose as a result. In that situation, the force and the theft are not sufficiently connected.

The weapon element

In addition to proving robbery, the prosecution must prove that at the time of the robbery, the accused had with them one of the following: a firearm, an imitation firearm, an offensive weapon, an explosive, or an imitation explosive.

Had “with” them

Having a weapon “with” you means more than simply having it in your possession. The prosecution must prove that you had the weapon with you for the purpose of the robbery — that is, that you intended to use it to apply force or to put a person in fear. A weapon that was present entirely by coincidence and played no role in the robbery will not satisfy this element.

The weapon must also be accessible — readily available for use. A weapon concealed in a way that made it impossible to use during the robbery will not meet this requirement.

Firearm

A firearm is any device designed, adapted, or capable of being modified to discharge a projectile — whether by combustion, compressed air, or other gases. The device does not need to be in working order or fully assembled to qualify. Replica and decommissioned firearms can still fall within the definition depending on their construction.

Imitation firearm

An imitation firearm is anything that has the appearance of a firearm, whether or not it is capable of being discharged. It does not matter that the item cannot actually fire — what matters is that it looks like a firearm.

Offensive weapon

An offensive weapon is any article that is made or adapted for use in causing injury or incapacitating a person, or which the person carrying it intends or threatens to use for that purpose.

This covers items purpose-built to cause harm, items that have been physically modified to make them dangerous, and ordinary objects that the accused intended or threatened to use as weapons. An everyday item — such as a kitchen knife, a bottle, or a walking stick — can qualify as an offensive weapon if the accused intended to use it to cause injury or incapacitation at the time of the robbery.

Explosive

An explosive is any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person carrying it for that purpose.

Imitation explosive

An imitation explosive is any article that might reasonably be taken to be, or to contain, an explosive. As with imitation firearms, it does not need to be capable of causing an actual explosion — the question is whether it could reasonably be mistaken for the real thing.

Defences

Being charged with armed robbery does not necessarily mean you will be convicted. There are several defences that may be available depending on the circumstances of your case.

No theft

If the prosecution cannot prove that you committed theft — for example, because you had a genuine claim of right to the property, or because there was no intention to permanently deprive — neither the robbery nor the armed robbery charge can succeed. The defences available for theft apply equally here.

No force or threat of force

If the prosecution cannot establish that you used force or made a threat of immediate force, the charge will not be made out. Whether the conduct alleged amounted to force or a sufficient threat is a matter for the jury, and there may be room to contest this depending on the evidence.

Force not connected to the theft

If any force used was not connected to the theft — for example, if it arose from a separate confrontation and you then opportunistically took something — the “in order to” element may not be established.

No weapon “with” you for the purpose of the robbery

Even if you had a weapon on your person, the prosecution must prove that you had it with you for the purpose of the robbery — that is, that you intended to use it to apply force or to put a person in fear. If the weapon was present for an entirely unrelated reason, this element may not be made out.

Article not a weapon within the legal definition

Not every article that could cause harm qualifies as a firearm, offensive weapon, explosive, or imitation under the statutory definitions. Whether a particular item falls within the definition is a legal question that may be open to challenge, particularly for items that have not been physically modified and where the alleged offensive use was incidental.

Insufficient evidence or improperly obtained evidence

The prosecution must prove each element beyond reasonable doubt. If the evidence is weak on any element — including identification, the nature of the weapon, whether it was possessed for the purpose of the robbery, or the connection between the force and the theft — there may be a strong basis to contest the charge. Where evidence has been obtained unlawfully, there may also be grounds to seek its exclusion.

FAQs

What is the difference between robbery and armed robbery?

Robbery involves theft accompanied by the use of force or a threat of immediate force. Armed robbery adds a further element: at the time of the robbery, the accused had with them a firearm, imitation firearm, offensive weapon, explosive, or imitation explosive. Because of this additional element of danger, armed robbery is treated as more serious and carries a maximum penalty of 25 years imprisonment, compared to 15 years for robbery.

What is the difference between theft and robbery?

Theft involves dishonestly taking property belonging to another person with the intention of permanently depriving them of it. Robbery is theft that is accompanied by the use of force, or a threat of immediate force, against a person. Because of this additional element of violence or intimidation, robbery is treated as a more serious offence and carries heavier penalties.

Does the weapon have to be real for it to be armed robbery?

No. The definition of armed robbery expressly includes imitation firearms and imitation explosives. An item that has the appearance of a firearm — even if it cannot fire — is sufficient. Similarly, an article that might reasonably be taken to be an explosive qualifies even if it contains no explosive material. What matters is how the article appears, not what it can actually do.

Can an everyday object be an offensive weapon?

Yes. An article that is not specifically designed to cause harm can still be an offensive weapon if the accused intended or threatened to use it to cause injury or incapacitation. Kitchen knives, walking sticks, and even a half-full plastic bottle have been found to qualify in the right circumstances. The key question is the accused’s intent at the time of the robbery.

What if I had the weapon for a different reason and not for the robbery?

The prosecution must prove that you had the weapon with you for the purpose of the robbery — that is, that you intended to use it to apply force or to put a person in fear. If the weapon was present for an entirely unrelated reason, and you did not use it or draw attention to it during the robbery, the weapon element of the charge may not be established. This will depend heavily on the specific facts.

Does the victim have to be physically harmed for it to be armed robbery?

No. As with robbery, armed robbery does not require actual physical injury. It is enough that force was used, or that a person was put in fear of immediate force. The presence of a weapon typically makes it easier for the prosecution to establish that the victim was in fear.

What are the penalties for armed robbery in Victoria?

Armed robbery carries a maximum penalty of 25 years imprisonment under the Crimes Act 1958 (Vic). The actual sentence will depend on the circumstances of the offending, including the nature of the weapon, the level of planning involved, whether any injury was caused, and your personal history.

What is the average sentence for armed robbery in Victoria?

Sentences vary significantly depending on the nature and number of offences, whether the weapon was real or imitation, the degree of planning, the impact on the victim, and the offender’s personal history and prospects for rehabilitation. We can provide a realistic assessment of likely sentencing outcomes once we have reviewed your matter.

Is armed robbery an indictable offence in Victoria?

Yes. Armed robbery is an indictable offence and is always heard in the County Court of Victoria.

What if the force happened after I took the property?

The law requires the force or threat to occur immediately before or at the time of the theft — not after it is complete. However, whether a theft was complete at a particular moment is not always straightforward and is a question for the jury. If the appropriation was still ongoing when force was used, the element may still be satisfied.

Can I get bail if charged with armed robbery?

Yes, people charged with armed robbery are eligible for bail but it will always depend on the circumstances of your case.We make urgent bail applications and can assist you from the earliest stage.

Do I need a lawyer if I’m charged with armed robbery?

Yes. Armed robbery is among the most serious charges in the Victorian criminal law. It carries significant penalties and involves technically complex elements. An experienced criminal lawyer is essential to protect your rights, properly investigate the evidence, and ensure every available defence is fully considered.

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