Robbery & Theft Lawyers Townsville
Criminal Lawyers For Robbery & Theft Defences
The important thing to note is that a theft requires intention. It means that the offender intended to deprive the other of the stolen item permanently or that they dealt with goods in a manner inconsistent with the right of the true owner.
Stealing could also involve dealing with the stolen item in a manner that irreversibly changes its condition or conditioning the return of the item with an action that the victim cannot perform for any reason.
Difference Between Theft & Burglary
These two offences often go hand in hand, and you might be charged with both. Sections 419 of the Criminal Code Queensland defines burglary as an act of entering a victim’s dwelling with the intention of committing an indictable offence.
Burglary involves entering premises without the owner’s consent and aggravated circumstances include possessing housebreaking implements or being equipped for stealing.
Damaging property, having a weapon or pretending to have a weapon, threatening to or using personal violence and in the company of one or more persons, are all considered aggravated circumstances.
The maximum penalty for burglary is 14 years' jail. If another offence is committed while inside the victim’s dwelling, the maximum penalty is imprisonment for life.
What To Do If You’ve Been Charged With A Theft?
Penalties for theft can include fines, restitution, bonds, community service, probation, intensive corrections orders, as well as jail time of up to five years. There are also specific circumstances that could increase the maximum penalty to imprisonment for 14 years.
The value of the stolen goods is considered an aggravating circumstance. If ammunition, weapons or property are stolen from a dwelling, valued at more than $1000, it is considered an aggravated circumstance.
Other aggravated circumstances include wounding the victim, being armed an offensive weapon and using personal violence.
Potential defences include proving the owner’s permission was given to be on the premises, intoxication, necessity or duress.
Serious charges for theft or burglary necessitate a solid defence be presented in court to ensure the best possible outcome. Call
Anderson Telford Lawyers 24/7 Crime Line 0418 762 728.
Accused Of Robbery?
If you are facing a robbery charge, it is essential to understand its meaning. Pursuant to Section 409 of the Criminal Code in Queensland, robbery is an act of stealing which also includes a threat to use violence.
For example, if a person goes to rob a supermarket and steal money from the register, they could carry a gun. If they use that gun to threaten the workers or shoppers that constitutes robbery. You do not need to successfully steal items to be accused of robbery. Also, a robbery attempt is sufficient for charges to be laid.
Stealing, Burglary, Robbery and Fraud
Stealing is fundamentally taking property that is not yours to take. It is classified as an unlawful taking of goods with a fraudulent intent. What that means is that if you take something that you do not have an honest claim to and deal with or convert it fraudulently then you can be charged with an offence. To deal with something fraudulently you have to dishonestly obtain a benefit from it.
Burglary & Robbery
Burglary and robbery are just stealing property in different circumstances. Stealing occurs when you simply take something with a fraudulent intent, burglary is when you break into a house or business with the intention of taking something or committing an indictable offence inside and robbery is when you steal something whilst using or threatening to use actual violence either whilst armed or not.
These offences are contained in the Criminal Code and are treated seriously by the courts, especially charges involving breaking into a dwelling or particularly the use of violence or weapons.
Stealing and burglary charges can generally be dealt with in the Magistrates Court level unless the property is exceptionally valuable and provided that no violence is used. Periods of imprisonment can be imposed for stealing and burglary, but unless violence is used, imprisonment is generally a sentence of last resort.
Charges of robbery, particularly those using weapons and violence cannot be dealt with in the Magistrates Court. Convictions for robbery will likely result in a period of imprisonment.
Fraud
Fraud offences relate to the obtaining of a benefit such as money by pretending that you are entitled to it and using deceit to get it. Fraud offences frequently involve the use or treatment of property that is otherwise unlawfully obtained and converted into cash.
A common example of a fraud offence is the use of a stolen mobile phone to make calls, or using a stolen credit card at a paywave terminal without their permission to purchase goods using someone else’s bank account, or pawning or selling stolen goods at a second hand store whilst pretending to be the lawful owner.
An offence of fraud can be dealt with in the Magistrates Court and is punishable by 5 years imprisonment. These charges are serious and if you think that the Police suspect you for any of these offences it is important to obtain legal assistance sooner rather than later.
The Difference Between Theft & Robbery
It is important to understand the difference between robbery and theft.
Pursuant to the Criminal Code, theft involves unlawfully taking an item from another party with the intent to deprive them of it permanently.
Robbery combines theft and the use of force or putting another person in fear of force being used against them during the commission of the act.
Penalties for robbery include jail time, which can vary from five to 14 years, depending on the specifics of the case.
How To Prove A Robbery
The prosecution must prove you are responsible for the robbery. It must prove an attempt to or success in stealing property and using a threat of violence or actual violence was used in the process either immediately before or after the actual theft or while trying to overcome resistance in fleeing the scene.
Robbery has a maximum penalty of imprisonment of 14 years but there are circumstances of aggravation which could increase the penalty to life imprisonment.
These could include:
Wounding or using personal violence at the time or immediately after the robbery.
You were armed or pretended to be armed with an offensive weapon, such as a metal bar, gun or knife, during the crime.
You were in the company of others during the time of committing the offence.
What Are Your Robbery Defence Options?
Various defence strategies can be used when dealing with a robbery charge. The best move you can make is to contact a professional firm specialising in criminal law.
ATL has vast experience and expertise. It has achieved positive outcomes for numerous clients in the past, regardless of the severity of their case.
The 24/7 Crime Line 0418 762 728 is only a phone call away.
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