Robbery & Burglary SA
Unlike theft, robbery involves the use of force, intimidation or threats when taking or attempting to take something of value off another person. In other words, there must be the presence of a victim for theft to be defined as a robbery, and so this may encompass crimes such as bank robbery, a hold up or a mugging.
Aggravated robbery occurs where the suspect has, or suggests that he/she has, any type of weapon or tool that may be perceived as a weapon.
In Australia, robbery offences can attract significant penalties, as the courts have taken a tough stance approach to these offences in recent years.
Under Section 137 of the Criminal Law Consolidation Act 1935, if a person uses force, or threatens the use of force against another person in order to commit a theft, to escape from the scene of the offence or immediately before or after the theft, that person is guilty of robbery.
For a basic offence, a person found guilty of this offence is liable to imprisonment for 15 years.
For an aggravated offence, a person found guilty of this offence is liable to imprisonment for LIFE
If there are two or more offenders at the scene of a robbery, and they jointly commit robbery in company, both will be guilty of aggravated robbery, regardless of whether or not they possessed a weapon.
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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