Sections 409 and 411 of the Criminal Code (Qld).
What does the Prosecution have to prove beyond reasonable doubt?
The defendant: –
(1) stole something; and
(2) at or immediately before or immediately after the stealing, the defendant threatened or used actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to it being stolen.
Circumstances of aggravation:
(1) The defendant was or pretended to be armed with a dangerous or offensive weapon or instrument at the time of the offence.
(2) The defendant was in the company of 1 or more other persons at the time of the offence.
(3) The defendant at or immediately before or immediately after the time of the robbery wounded or used any other personal violence to any person.
♦ 14 years imprisonment; or
♦ Life imprisonment if the defendant: –
(a) was or pretended to be armed with a dangerous or offensive weapon or instrument; or
(b) was in company with 1 or more other person or persons; or
(c) if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person.
What evidence do police often rely upon to prove a robbery offence?
- Witness statements- including a statement from the complainant or any witnesses to the robbery.
- CCTV footage from where the robbery occurred.
- Admissions made by an accused person during an interview with police.
- DNA- saliva, hair or blood that was left at the crime scene.
- Fingerprints that were left at the crime scene.
- Statements of co-offenders.
- Photo boards where witnesses purport to identify the offender.
- Objects- such as a weapon that was used at the time of the robbery.
- Property stolen at the time of the robbery that is located in the possession of an accused.
- Photographs of where the robbery occurred.
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