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Robbery & Burglary offences

Robbery involves the taking of property unlawfully, by force, threat or intimidation. Robbery may involve the use of a weapon, as in armed robbery, or unarmed robbery in the case where a weapon is not used.

Burglary is less serious than robbery, as it refers to the act of taking property from a premise, or trespassing on premises unlawfully, with the intent of committing an offence.

Both robbery and burglary are defined under the Crimes Act 1958 Robbery is a serious offence and a guilty plea will usually result in a prison sentence.

Robbery

Under Section 75 of the Crimes ACT 1958, a person is guilty of robbery if he steals, and, in order to do so (either before, during or after the act), he uses force on any person or puts or seeks to put any person in fear that he (or another person) will be then and there subjected to force.

A person found guilty of this offence is liable to imprisonment for 15 years.

Armed Robbery

Under Section 75a of the Crimes ACT 1958, a person is guilty of armed robbery if he commits any robbery and at the time has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive.

A person found guilty of this offence is liable to imprisonment for 25 years.

Burglary

Under Section 76 of the Crimes ACT 1958, a person is guilty of burglary if he enters any building or part of a building, as well as an inhabited vehicle or vessel, as a trespasser with intent-

  • to steal anything in the building or part in question
  • to commit an offence-
  • involving an assault to a person in the building or part in question; or
  • Involving any damage to the building or to property in the building or part in question- which is punishable with imprisonment for a term of five years or more.

A person found guilty of this offence is liable to imprisonment for 10 years.

Aggravated Burglary

Under Section 77 of the Crimes ACT 1958, a person is guilty of aggravated burglary if he or she commits a burglary and-

  • has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive at the time
  • a person was then present in a building or part of a building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present, at the time of entering the building or the part of the building

A person found guilty of this offence is liable to imprisonment for 25 years.  

Being involved in the criminal or police process can be quite demanding, rigorous, and time consuming. Hiring the right criminal lawyers can often make a substantial difference in your case.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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