Robbery is a serious criminal offence under section 75 of the Crimes Act 1958 (Vic). It is essentially theft combined with the use of force, or the threat of force, against a person. Because it involves both dishonesty and violence or intimidation, it is treated more seriously than theft alone and carries heavier penalties.

Robbery matters are usually heard in the Magistrates’ Court of Victoria. At Angus Cameron and Partners, we have represented countless clients facing robbery and armed robbery charges across all Victorian courts.

If you have been charged with robbery, it is important to get experienced legal advice as soon as possible. The elements of the offence are specific, and there may be defences available depending on the circumstances.

Elements

The prosecution must prove three elements 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, the robbery charge cannot 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.

Defences

Being charged with 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 — the robbery charge cannot succeed. The defences available for theft are equally available 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.

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 force, 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 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 victim have to be physically harmed for it to be robbery?

No. 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. Even a minor degree of physical contact, or a threat that causes personal intimidation, can be sufficient.

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 Magistrate or Jury. If the appropriation was still ongoing when force was used, the element may still be satisfied.

What are the penalties for robbery in Victoria?

Robbery carries a maximum penalty of 15 years imprisonment under the Crimes Act 1958 (Vic). The actual sentence will depend on the circumstances of the offending and your personal history.

Do I need a lawyer if I'm charged with robbery?

Yes. Robbery is a serious charge carrying significant penalties. The legal elements always require careful analysis. An experienced criminal lawyer is essential to protect your rights and ensure every available defence is properly considered.

Is robbery an indictable offence in Victoria?

Yes. Robbery is an indictable offence but it can be heard in the Magistrates’ Court.

What is the average sentence for robbery in Victoria?

Sentences vary significantly depending on the planning involved, use of weapons or threats, injury caused, and the offender’s personal history. We can provide a realistic assessment of likely sentencing outcomes once we have reviewed your matter.

Can I get bail if charged with robbery?

Bail is generally available for robbery charges, though this will depend on the seriousness of the specific allegations and your personal circumstances. We make urgent bail applications and can assist you from the earliest stage.

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