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Robbery (Armed Robbery)

Robbery Offences – WA

Welcome to the WA Robbery (Armed Robbery) article page. Everything you need to know about Robbery (Armed Robbery) according to WA Law.

What the Law states according to WA Law for Robbery (Armed Robbery)

According to WA Law for the charge of Robbery (Armed Robbery):

Section 392: A person who steals a thing and, immediately before or at the time of the offence or immediately after doing so, uses or threatens to use violence to any person or property in order to obtain the thing so stolen, or prevent or overcome resistance to its being so stolen, the person is guilty of a crime.

“Circumstance of Aggravation” is defined in the Criminal Code to mean the circumstances in which immediately before, during or after the offence the offender:
(1) Is in the company of other persons;
(2) Does bodily harm to any person;
(3) Threatens to kill any person.

Circumstances of aggravation also include circumstances where the person who violence or threats were used on was over the age of 60 years at the time of the offence.

The Maximum Penalty – Robbery (Armed Robbery)

According to WA Law for the charge of Robbery (Armed Robbery):

If immediately before, during or after the offence, the person was in possession of a dangerous or offensive weapon or pretends to be in possession of such a weapon, the maximum penalty is life imprisonment.

If the offence is committed in circumstances of aggravation, the maximum penalty is 20 years imprisonment.

In any other case, the maximum penalty is 14 years imprisonment.

What the Police must prove according to WA Law for Robbery (Armed Robbery)

(1) That the person stole a thing;
(2) That before, during or after stealing the thing the accused threatened or used actual violence against another person; and
(3) That the threatening or use of violence was to obtain the stolen thing, or to overcome the person preventing them from stealing the thing.

The police may also have to prove there was a dangerous weapon involved, if they are seeking life imprisonment or prove that one or all of the circumstances of aggravation existed, if they are seeking a term of 20 years imprisonment.

Possible Defences under WA Law – Robbery (Armed Robbery)

(a) Insanity;
(b) Duress;
(c) Identification (ie. the accused is not the person who committed the robbery); emergency; and
(d) There was no threat or use of violence.

In WA which court will hear the matter – Robbery (Armed Robbery)

In most cases, the matter would be heard in the District Court. However, if the possible sentence involves life imprisonment, the matter would be heard in the Supreme Court.

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