Before the offense of theft can be called the crime of dacoity Aggravated robbery occurs when the suspect has or suggests that he/she has, any weapon or tool that may be perceived as a weapon. Robbery offenses can attract significant penalties.
Robbery involves the use of force, and intimidation while attempting to take or take something valuable from another person. In other words, the presence of the victim for theft to be defined as robbery, and therefore can include offenses such as bank robbery, hold-up, or dacoity.
Which court settles the case of dacoity?
Robbery offenses in WA are termed indictable offenses and are handled/finalized in a District Court after a committal hearing.
If the accused is an adult under the law, the committal hearing occurs in a Magistrate Court. Otherwise, it is heard in a Children’s or Juvenile Court.
Punishment for the offense of robbery in WA
The offense of robbery is usually a serious crime. In most cases, the Court will block any opportunity for an intervention program. If the judge finds you guilty of these offenses;
The offense of robbery in WA carries a maximum sentence of 14 years in prison.
In severe cases, the court can impose severe punishment such as the imprisonment of 20 years.
✔ causes bodily harm to any person; either
✔ Threatens to kill any person; either
✔ The victim is a person or person who is above 60 years of age.
However, if the offender is armed with a dangerous/offensive weapon, including equipment used for such purpose, the maximum penalty is a term of imprisonment for life.
How to beat a robbery charge?
You will be found not guilty of the offense of Robbery if the police cannot prove beyond a reasonable doubt:
- You with the intent to steal;
- Took property;
- From the victim’s immediate control or presence;
- By the use of violence or by putting the victim in fear;
- You assaulted the victim; and
- You intended to steal property from the victim or another person;
- By the use of violence or the putting of that person in fear.
Stealing involves you taking and carrying away property that belonged to another person with the intention to permanently deprive the owner of that property. The taking was done without the consent of the owner.
The claim of Right is a defense against a Robbery charge. A person will have a claim of right where they believe that they have a bona fide claim of right to particular money or property taken. If you believed you were entitled to take the property it does not matter that you did not believe you were entitled to take it in the manner you did. A robbery charge will fail because you cannot steal your own property.
Why Choose The Australia Criminal Law Group
Our criminal lawyers are experts at obtaining the best outcome possible for robbery offenses. A good lawyer can be the difference between a conviction and no criminal record and freedom or jail for these offenses. To read more about the Australian Criminal Law Group, click here.
To discuss your Robbery in company charge, call Australian Criminal Lawyers Perth Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
