Robbery Offence Lawyers Adelaide
Robbery is a serious indictable offence in South Australia and is prosecuted under the Criminal Law Consolidation Act 1935 (SA). It involves the use of force, violence, or threats to steal property from another person. Given the severity of the offence, courts impose harsh penalties, including lengthy prison sentences.
What the Offence Is
Under section 137 of the Criminal Law Consolidation Act 1935 (SA), robbery occurs when a person:
- Steals property from another person; and
- Uses force, threats, or violence either before, during, or immediately after the theft to obtain or retain the stolen property.
Robbery is different from theft because it involves violence or intimidation. Even if no physical harm occurs, the threat of force is enough to make it a robbery.
Types of Robbery
- Basic Robbery – The use of force or threats to steal property.
- Aggravated Robbery (section 137(2)) – If the robbery involves a weapon, multiple offenders, or an attack on a vulnerable person (e.g., elderly or disabled person).
Why you Need Legal Advice
A robbery conviction can have life-altering consequences, including lengthy imprisonment, a permanent criminal record, and restrictions on employment and travel. Given the seriousness of these charges, it is crucial to have an experienced criminal lawyer on your side.
If you have been charged with robbery, contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and provide the best legal advice.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To convict someone of robbery, the prosecution must prove beyond a reasonable doubt that:
- The accused stole property – There was an unlawful taking of another person’s property.
- The property was taken from the victim – The property was taken directly from the victim, or in their immediate presence.
- Force, threats, or violence were used – This could be actual physical force or a threat that causes fear.
- The force or threats were used to assist in the theft or to escape the scene of the crime.
For aggravated robbery, the prosecution must also provethat:
- A weapon was present;
- The victim was a vulnerable person; or
- The robbery was committed by two or more people acting together.
The Relevant Court
Robbery is a major indictable offence, meaning it is heard in:
- The District Court of South Australia – For standard robbery charges.
What Defences Are Available?
Possible defences to a robbery charge include:
- No Theft Occurred – If there was no intention to steal, the charge of robbery may not be proven.
- No Use of Force or Threats – If the accused committed theft but did not use violence or threats, they may be guilty of theft, but not robbery.
- Mistaken Identity – If the accused was wrongly identified as the offender, they can challenge the evidence against them.
- Consent – If the victim willingly gave the property without threats or force, robbery may not apply.
- Duress or Necessity – If the accused was forced to commit the offence under threat of harm, they may have a defence.
What Are the Specific Maximum Penalties for the Offence?
Under section 137 of the Criminal Law Consolidation Act 1935 (SA), the penalties for robbery include:
- Basic Robbery – Up to 15 years' imprisonment.
- Aggravated Robbery – Imprisonment for life.
Courts take robbery offences very seriously, especially if weapons, injuries, or vulnerable victims are involved. Even first-time offenders risk jail time if convicted.
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