Theft & robbery, offences that involve the appropriation of another person’s property, may take the form of charges of increasing severity depending on the type or value of the property taken and the how the property was taken.
At Marcellus Law, one of the leading criminal lawyers in Melbourne, we have successfully defended clients and defeated charges where crucial elements of higher level offences could not be established. Care is taken to review evidence of whether the accused had authority or actually took the property, how force may have been applied during the commission of a theft, and whether it can be proven that a weapon was used in a theft. Our office can assist you in defeating elements where evidence is lacking and potentially alter an outcome from a lengthy prison sentence to one that can be resolved through a fine. Contact us now for a free consultation and review of your brief.
All offences involving theft & robbery are governed by the Crimes Act 1958, a Victorian legislation. If you are alleged to have stolen property that does not belong to you Police will look to charge you under this Act, and all offences for the purpose of such offences will be classified as indictable offences. A theft can be as simple as the taking of property without intent to return. However when force is applied especially with the use of weapons you may be looking at facing a charge of armed robbery and certain prison time. If you are charged with a theft or robbery offence it is important to understand that the higher charges are accompanied by wider criteria which must be established by the Prosecution. These offences and their criteria are detailed below.
Section 72 of the Crimes Act defines theft as follows: A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
If you are alleged to have committed a theft you will be charged under section 74 of the Act which makes the commission of a theft an indictable offence. Dishonestly taking of property implies some level of knowledge or belief that you had no right to take the property. This is usually determined by the circumstances of the offending or through admissions of the offender when interviewed. Appropriating of rights means simply to assume the rights of the property as though it was your own, which Police would allege would be the point of the theft. It must also be proved that the property actually belonged to another, in that another person claimed rights to that property, and this is often supported initially by a complaint to Police followed by a sworn statement to that effect. Finally it must also be proven that there was an intention to permanently deprive the owner of the property. This again can be made out by the circumstances of the specific case or the admissions of the offender. If you’re facing such charges, it’s crucial to speak with the best lawyer in Melbourne who understands how to challenge these elements effectively and protect your rights.
Section 73 of the Act helpfully details scenarios that cannot be classified as thefts (therefore opening possibilities of a defence) and mostly revolve around situations where consent can be inferred, or where there was an honest or reasonable belief in an authority to take the property, or where certain types of property do not fall within the scope of this offence.
The penalty for a theft is usually determined by the value of the property that was taken. Sentences are usually commensurate with the value of the property stolen and an accused can certainly be sentenced to lengthy periods of imprisonment if the value of the property was in the hundreds of thousands or above. Another feature that might aggravate a sentence is the nature of the relationship between the offender and victim, where a breach of relationship of trust is very likely to increase the seriousness and therefore penalty for the offending.
If you are facing theft or robbery allegations and need experienced legal support, the team at Marcellus Law can guide you through every step of the process.
Section 75 of the Crimes Act states: A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, 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.
As can be inferred from the wording above, a theft is a vital component to a robbery charge. For a robbery it is crucial for the Prosecution to establish that prior to the theft the offender used force against the victim and the purpose of the use of force was solely to steal the property. Charges of robbery are often defeated where there is no evidence to show that the purpose of the use of force was to take the property. Police will often rely on verbal exchanges prior to the use of force (sworn by victims in their statement) and admissions by the offender as what their intent was. Often property is discovered by the offender after an assault has occurred and this may lead to separate offence of theft and assault, but will not be a robbery. This is where legal expertise is important and having a lawyer to assist you with contesting this charge may result in you avoiding a period of imprisonment.
Charges of robbery are usually aggravated by the value of the property, as with theft charges, as well as the extent of the use of force and whether an injury was incurred by the victim.
Section 75A of the Crimes Act states: 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.
In other words, this offence is alleged when a robbery is committed with the use of those weapons. Those weapons are defined in section 77 of the Act.
Offensive weapons are discussed in more detail on our page ‘Weapons & Firearms Offences‘. Simply put, an offensive weapon can be any object that the victim may perceive might cause them some harm. Although the Police will have to prove a s77 weapon was used during the commission of the offence, the apprehension of fear is also a crucial element to prove the offence and the consideration is usually whether a reasonable person in the circumstances would have experienced fear of harm.
With respect to this view, it makes sense why imitation weapons would be included in the list of weapons under s77. Although a strong argument can be made that imitation weapons cannot be used to hurt a victim, it must be understood that the victim at the time is unlikely to know that it is an imitation weapon and perceive harm as though it were a real weapon. This is especially the case where the accused in intending to commit an armed robbery and is trying to make out that the imitation is a real weapon.
This offence is considered one of the most serious offences in Victoria. If you are found guilty for this offence this almost always results in a period of imprisonment. The question on sentencing is usually the length of the period of imprisonment.
An offence of theft of motor vehicle is charged under s74 of the Crimes Act. Thefts are covered in the section above and a theft is defined under s72. If an offender steals a motor vehicle the charge will be particularise as a ‘theft of motor vehicle’. Due to the larger value of motor vehicles these offences are usually taken more seriously and sentenced at higher levels than petty or minor thefts.
As with a typical theft charge, the value of the stolen vehicle and the manner in which the vehicle was stolen will usually alter the severity of the sentence. It is very common for offenders to have stolen expensive motor vehicles to face a period of imprisonment.
A similar set of defences applies to this charge as with any other theft of property.
Section 79 of the Crimes Act states: A person commits carjacking if he steals a vehicle and immediately before or at the time of doing so, and in order to do so, he:
Carjackings can be viewed as robberies involving motor vehicles. This offence will be laid when an offender steals a motor vehicle and uses force or threatens to use force against the victim of the theft. Police will need to prove that there was some apprehension of fear by the victim and this is usually established through the word of the victim via a signed statement. Carjackings commonly occur when the victim was driving the vehicle and is approached by an offender, but can also occur when the victim is near their vehicle and not occupying it. It must be shown that the purpose of the use of force was directly linked to the stealing of the vehicle, and any break in that link will result in separate lower level offences being pursued.
Similar to robberies, an offence of carjacking is aggravated through the use of a weapon. The offence of aggravated carjacking is defined under s79A of the Crimes Act:
A person commits an aggravated carjacking if the person commits a carjacking and:
The first method of an aggravated carjacking is similar to an armed robbery and an explanation of weapons and apprehension of fear is described in that section above. The second method of an aggravated carjacking requires an injury to have been the result of a use of force applied by the offender. A discussion of injury and the evidential requirements can be reviewed in our page on ‘Assault Offences‘.
It is common for carjacking offences to result in periods of imprisonment on a finding of guilt. This is due to the combination of the value of motor vehicles and the apprehension of these vehicles through the use of force. Aggravated carjacking on the other hand is one of the most serious offences in Victoria. Under s79A it is required on sentencing after a finding of guilt to impose a period of imprisonment and fix the non-parole period at a minimum of 3 years.
A similar set of defences applies to this charge as with the above offences.
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If you’ve been charged with a theft or robbery offence anywhere in Victoria, we’re here to help.
Understanding your legal options is the first step in protecting your future. Below are answers to common questions about theft and robbery charges.
A theft or robbery charge does not have to define your life. With skilled legal representation, you can take steps to resolve the situation and protect your future. Let’s work together to build your defense and achieve the best possible outcome.
