Under the Crimes Act of Victoria, there are different types of robbery. Robbery is a serious crime that involves using force or the threat of force to steal from someone. In Victoria, Australia, this crime involves the use of force on a person or threatening to do so in order to steal.
The Act identifies the following crimes:
- Robbery (section 75)
- Armed robbery (section 75A)
- Burglary (section 76)
- Aggravated burglary (section 77)
- Home invasion (section 77A)
- Aggravated home invasion (section 77B)
This article aims to establish the difference among the types of robbery and identify their elements and penalties. Read on to know more.
What Is Robbery?
Section 75 of the Act defines robbery as a criminal act which constitutes stealing any property and immediately before or at the time of doing of such an act, the use of force is employed on any person. Moreover, the offender in this crime places the victim in fear of being subjected to force.
The maximum penalty of robbery or of an assault with intent to rob is level 4 imprisonment or 15 years maximum.
If you are a witness of a robbery that previously happened, you must report the incident immediately by calling the police on Triple Zero (000). You should still contact your local police station although the situation is not urgent, such as when:
- a robbery that has happened in the past
- threats of harm where there is no immediate danger.
Types of Robbery: Armed Robbery
Section 75A expands the concept of armed robbery. A person commits the crime of armed robbery if he or she commits the act and such commission is accompanied with the use of:
- Firearm
- Imitation firearm
- Offensive weapon
- Explosive or imitation explosive
According to Australian Bureau of Statistics (ABS), Victoria had 2,281 victims of robbery recorded in 2022, a decrease of 4% (100 victims) from 2021. However, more than half of these robberies were armed robberies (58% or 1,311 victims).
Types of Robbery: Burglary
How is burglary different from the previous types of robbery? Section 76 says that a person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to:
- to steal anything in the building or part in question; or
- to commit an offence which:
- involves an assault to a person in the building or part in question; or
- involves any damage to the building or to property in the building or part in question.
This crime is punishable with imprisonment for a term of five years or more. Moreover, this rule shall apply also to an inhabited vehicle or vessel, whether the person who inhabits such vehicle is there or not. If the offender is guilty of burglary, he or she is liable to level 5 imprisonment (10 years maximum).
Types of Robbery: Aggravated Burglary
What aggravates the crime of burglary? Section 77 reveals that burglary can be “aggravated” if:
- at the time of the commission of the crime, the offender has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
- at the time of entering the building or the part of the building, a person was then present in the building or part of the building.
The penalty for this crime is imprisonment for 25 years (maximum).
Moreover, this provision defines the objects mentioned in item (a):
- explosive – means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;
- firearm – means a gun, or other weapon, that is (or at any time was) capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun. It does not include a paintball marker within the meaning of the Paintball Act 2018 or anything declared by the regulations not to be a firearm.
- imitation explosive – means any article which might reasonably be taken to be or to contain an explosive;
- imitation firearm – means anything which has the appearance of being a firearm, whether capable of being discharged or not;
- offensive weapon – means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.
Types of Robbery: Home invasion
What is home invasion and what is its distinguishing feature from the other types of robbery earlier mentioned? Section 77A provides that a person commits a home invasion if:
- The person enters a home as a trespasser with intent (a) to steal anything in the home or (b) to commit an offence, punishable by imprisonment for a term of 5 years or more.
- The crime involves an assault to a person in the home.
- The crime involves any damage to the home or to property in the home (a) the person enters the home in company with one or more other persons; and (b) either:
- at the time the person enters the home, the person has with them a firearm, an imitation firearm, an offensive weapon, an explosive or an imitation explosive; or
- at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.
This section specifies that the meaning of home, as used in this provision can mean the following:
- any building, part of a building or other structure intended for occupation as a dwelling
- any part of commercial or industrial premises that people use as residential premises
- a motel room or hotel room or other temporary accommodation provided on a commercial basis
- a rooming house
- a room provided to a person as accommodation in a residential care service, hospital or any other premises involved in the provision of health services to the person
- a caravan or any vehicle or vessel used as a residence.
The penalty for this crime is 25 years maximum.
Types of Robbery: Aggravated Home Invasion
What acts aggravate the crime of home invasion under this Act? Section 77B explains that home invasion is aggravated the person enters a home as a trespasser with intent (a) to steal anything in the home or (b) to commit an offence, punishable by imprisonment for a term of 5 years or more.
Moreover, these acts also aggravate the crime of home invasion:
- assault to a person in the home; or
- any damage to the home or to property in the home; and
- the person enters the home in company with 2 or more other persons; and
- at the time the person enters the home, (a) he or she has a firearm, imitation weapon, offensive weapon, explosive, or imitation explosive and (the person knows or is reckless as to whether there is or will be another person present in the home)
- at any time while the person is present in the home, another person (other than a person referred to in paragraph (b)) is present in the home.
The penalty for the commission of this crime is 25 years imprisonment (maximum).
Alternative Verdict: Aggravated Home Invasion
Section 77C of this Act allows an alternative verdict in the case of aggravated home invasion. This pertains to the rule that:
- if on the trial of a person charged with an offence against section 77B (aggravated home invasion),
- the jury does not believe that the person is guilty of the offence charged but are satisfied that the person is guilty of an offence against section 77A (home invasion),
- the jury may acquit the person of the offence charged and find the person guilty of the offence against section 77A and the person is liable to punishment accordingly.
Talk To Us at JB Solicitors
Seeking legal counsel from a criminal defence attorney is imperative if you are facing charges for robbery in Victoria, Australia.
Our criminal defence lawyers at JB Solicitors can assist you in comprehending the allegations made against you, obtain proof to back up your defence, bargain with the prosecution, and appear on your behalf in court.
Contact us today.