Robbery is covered by a number of offences in the Western Australian Criminal Code. Because it combines elements of theft and violence, robbery is referred to as a composite offense. Robbery offenses are punishable by indictment, and they must be resolved in the District Court following a committal hearing. The committal hearing happens in the Magistrates Court when the accused is an adult. The committal hearing occurs at the Children’s Court when the accused is a minor.
It is illegal to steal anything and to use or threaten to use violence against someone or their property right before or during the theft, according to Section 392.
- Obtain the pilfered item.
- Overcome opposition to the larceny
The term of imprisonment for this robbery offense is fourteen years. However, the maximum punishment is 20 years in jail if the offense is committed under an aggravating context. The maximum punishment applicable is life in prison if the accused possesses or appears to possess a dangerous or offensive weapon.
Situations that aggravate
A variety of aggravating circumstances are listed in Section 391 and may be relevant to charges of robbery and other related offenses. According to the clause, a robbery charge is made more serious if, either before or after the offense, the accused
- was with one or more other people;
- caused physical harm to someone;
- threatened to kill someone;
- or made violent threats against someone who was sixty years of age or older.
Attack with the purpose to steal/rob
It is illegal under Section 393 to use violence against a person or object in order to take possession of it or to stop someone from resisting theft. The maximum sentence for this offense is ten years in jail. However, a maximum sentence of 14 years in jail is applicable if the act is committed in circumstances that escalate the situation or if the perpetrator possesses or appears to possess a dangerous or offensive weapon. The maximum punishment that can be applied in cases when the criminal is both equipped with a weapon and the offense is committed under an aggravating circumstance is life in prison.
Demanding something with the intention of stealing it and using threats of harm or damage if the demand is not met is illegal according to Section 396. The maximum sentence for this offense is three years in prison.
Demanding anything of someone with threats of harm or damage if the demand is not met is illegal under Section 397, whether the demand is made verbally or in writing. The maximum sentence for this offense is 14 years in jail.
According to Section 398, it is unlawful for someone to extort or attempt to obtain something from another person:
- accuses or makes threats to accuse someone of committing an offense that is punishable by law; or
- makes threats that someone will be charged with a crime that is punishable by law;
- results in the issuance of a written charge against a defendant for an offense that can be indicted.
The maximum sentence for an offense is 20 years if it involves the indecent assault of a male or an offense that entails a life sentence. The maximum sentence in any other situation is fourteen years.
If you have been accused with robbery or other related offense, you should always get legal counsel as soon as possible because these crimes are extremely serious and have severe consequences.
Please get in touch with Dot Legal Lawyers if you need legal counsel or representation in a criminal law case or any other type of legal problem.