Law Information - Robbery Offences - SA

Robbery

Date: 29/06/2011

The Law -

You are guilty of robbery if, while committing a theft, you use force or threaten to use force, either to commit that theft or to escape from the scene.

The Maximum Penalty for Robbery

The maximum penalty for a basic offence is 15 years imprisonment. The maximum penalty for an aggravated offence is life imprisonment.

An offence is aggravated if you:

What the prosecution must prove - Robbery

There are two main elements that need to be proved in order for an offence of robbery to occur. They are that:

• there is a theft, and
• force is used or threatened.

Possible Defences - Robbery

You may have a defence to the charge if:

• you had an automatism
• you had a claim of right to the property
• you had the consent of the victim
• you were acting under duress
• you made an honest and reasonable mistake of fact
• you were suffering from a mental impairment at the time, and
• you had a lawful excuse for your behaviour.

  Even if you do not have a technical defence, it is sometimes possible to negotiate with prosecution to have the robbery charge withdrawn and plead guilty to charges of assault and theft. If that outcome is achieved the maximum penalties are greatly decreased and the matter remains in the Magistrates Court of South Australia instead of being transferred to the District Court of South Australia after the committal hearing.

The Court process - Robbery

This is a major indictable charge. The proceedings will initially commence in the Magistrates Court of South Australia. If there is sufficient evidence against you, the matter will then be transferred to the District Court of South Australia.

Our client was charged with aggravated assault and aggravated robbery arising out of a taxi ride with his brother in law. The taxi driver alleged that our client punched him in the face and demanded that the pre-paid taxi fare of $50.00 be given back. The charges were said to be aggravated because our client was in the company of his brother in law.

Our client instructed that he had not had any physical contact with the taxi driver, but had asked for the pre-paid taxi fare to be returned after the driver said he was going to double the fare because our client spilt water in the taxi.

We were able to obtain the CCTV footage from the taxi. It confirmed our client’s instructions.

Yasmin McMahon was able to have the aggravated assault and aggravated robbery charges withdrawn. Our client pleaded guilty to failing to pay a taxi fare and was ordered to pay $21.05 compensation. No conviction was recorded.