Robbery
Lawyer Cairns
Robbery is one of the most serious property offences in Queensland. It is not just stealing — it is stealing combined with actual violence or the threat of violence to a person. That combination of dishonesty and personal confrontation is what makes robbery a strictly indictable offence carrying up to 14 years' imprisonment, or life imprisonment where the offence is committed with a weapon, in company, or with personal violence. Most robbery matters are dealt with in the District Court. The penalty range is wide, and the outcome depends heavily on the specific circumstances — the degree of violence, whether a weapon was involved, the value of property taken, the accused's role where multiple people were involved, and the quality of the preparation put before the sentencing judge.
The Offence — Section 409 & 411, Criminal Code
Robbery is defined in section 409 of the Criminal Code Act 1899 (Qld) . A person commits robbery if they steal anything and, at or immediately before or immediately after the time of stealing, use or threaten to use actual violence to any person or property in order to obtain the thing stolen or to prevent or overcome resistance to its being stolen. The penalties are set out in section 411 : Section 411(1) — Robbery (base offence) Maximum penalty: 14 years' imprisonment Classification: strictly indictable — dealt with in the District Court Section 411(2) — Aggravated robbery The maximum penalty increases to life imprisonment where the offender: Is or pretends to be armed with a dangerous or offensive weapon or instrument , or Is in company with one or more other persons, or At or immediately before or immediately after the robbery, wounds or uses personal violence to any person These circumstances are commonly charged together — a robbery committed in company where violence was used to the victim involves two separate aggravating circumstances, both of which the prosecution must plead and prove. What "stealing" means in this context The "stealing" element of robbery is defined in section 391 of the Criminal Code — the general definition of stealing. The prosecution must prove that the accused took property with the intent to permanently deprive the owner. Where the intent to permanently deprive is not established, the robbery charge fails at its foundation.
Common Robbery Scenarios in Cairns
Robbery charges in the Cairns courts typically arise from: Street robbery Taking property from a person in a public place — a phone, wallet, bag, or cash — by force or the threat of force. These matters often involve identification issues, particularly where the alleged robbery occurs at night, in low-visibility conditions, or where the victim's account is inconsistent with CCTV footage. Commercial robbery Robberies of businesses — service stations, convenience stores, bottle shops. These matters typically involve clear CCTV evidence. The sentencing range depends heavily on the degree of planning, whether a weapon was used, and whether staff or customers were threatened or harmed. Home invasion robbery Robbery committed after unlawful entry to a dwelling. These matters sit at the most serious end of the sentencing range — the combination of home invasion and personal violence is treated with particular severity by the courts. Robbery in company Where multiple people are involved, each person's role and level of participation matters to sentencing. A person who planned and led the offence is in a different position from a person who was present but played a minor role. Where the evidence about an accused's role is overstated by the prosecution, that is addressed in the charge and facts negotiations. Attempted robbery An attempt to commit robbery is itself a criminal offence under section 535 of the Criminal Code . Even where the robbery was not completed — because the victim resisted, ran away, or the accused abandoned the attempt — the attempt charge carries serious consequences.
Bail and Show Cause
Robbery involving weapons or violence often triggers the show cause requirement under the Bail Act 1980 . Where the offence involves the use of a weapon, the accused must affirmatively demonstrate to the court why continued detention is not justified — the onus reverses from the prosecution to the accused. Even where show cause is not triggered, the prosecution will often oppose bail on robbery charges. The court considers: The nature and seriousness of the offence — including the degree of violence and whether a weapon was involved The strength of the prosecution case — particularly the quality of identification evidence and CCTV The accused's criminal history — prior property or violence offences increase the prosecution's objection Risk of flight — particularly for transient or itinerant accused persons Risk of interference with witnesses — particularly where the victim is known to the accused A well-prepared bail application — with a sworn affidavit, proposed conditions, and written submissions — materially improves the prospect of bail being granted. An unprepared application, particularly on a show cause matter, will almost certainly fail.
Defences and Charge Negotiations
The available defences and negotiation pathways depend on the specific facts: Identification In street robberies, identification is frequently the weakest part of the prosecution case. Where the victim cannot reliably identify the accused — particularly in brief encounters, at night, or where the accused's face was obscured — the identification evidence is challenged. Honest but mistaken identification by a victim is a well-established phenomenon in criminal law. The "violence" element Robbery requires violence or the threat of violence. Where the taking of property occurred without any force or threat of force — even if the victim was frightened — the charge should properly be stealing (s 398), not robbery. The distinction matters enormously: stealing carries a maximum of 5 years; robbery carries 14 years or life. Charge reduction: robbery to stealing Where the violence element is weak, representations to the prosecution for a reduction from robbery to stealing can fundamentally change the outcome. This is one of the most impactful charge negotiations in criminal law — moving from a strictly indictable District Court offence with a 14-year maximum to a Magistrates Court offence with a 5-year maximum. Aggravation disputed Where the prosecution alleges aggravating circumstances — armed, in company, or with personal violence — each circumstance must be proved. If the weapon was not actually a weapon in the legal sense (a toy gun, for example), or if a co-accused was not actually involved in the robbery, the aggravation can be challenged. Removing the aggravation reduces the maximum from life to 14 years. Role in group offending Where multiple people are involved, the accused's specific role matters both to the charge and to sentencing. A person who acted as a lookout or drove a car may be charged as a party to the offence, but their culpability is lower than the person who confronted the victim. Submissions on role are critical to sentencing outcome.
What Changes the Sentencing Outcome
The degree of violence. A threat of violence with no physical contact sits at the lower end. A sustained physical assault — particularly causing injury — sits at the serious end. The court distinguishes between a shove or push and a weapon to the head. Whether a weapon was involved. The presence of a weapon — real or imitation — is a significant aggravating factor that substantially increases the sentence. A loaded firearm is treated more seriously than an imitation weapon, but both aggravate the offence. The value of property taken. While robbery is fundamentally about the violence rather than the property, the value of what was taken provides context. A robbery of $20 in cash is different from a robbery of $50,000 from a business. Planning and premeditation. A planned robbery — particularly of a commercial premises — is treated more seriously than an impulsive or opportunistic act. Your role. In multi-offender robberies, the court assesses each participant's role individually. A minor or peripheral role attracts a lower sentence than the principal offender. Your age and history. A first offence by a young person with no prior record sits at the lower end of the range. A history of property or violence offences pushes the sentence higher. Early plea. An early guilty plea attracts a sentencing discount. In the District Court, the discount is meaningful and should be factored into the advice on plea at the earliest possible stage. Steps since the charge. Employment, counselling, rehabilitation, and positive steps taken between charge and sentence demonstrate genuine reform and reduce the sentence.
Related Charges
Robbery is often charged alongside other offences: Stealing (s 398) — where the violence element is absent or cannot be proved, stealing is the appropriate charge. Maximum 5 years, or up to 10 years (firearm/ammunition) or 14 years (vehicle, testamentary instrument, or firearm with intent) for aggravated stealing. Assault — where the violence goes beyond what was necessary to obtain the property, separate assault charges may be laid alongside robbery. Breaking and entering — where the robbery occurs after unlawful entry to a premises, break and enter (s 419) may be charged alongside robbery. Breaking and entering with intent carries up to 14 years (life if a dwelling at night). Weapons offences — possession or use of a weapon during a robbery results in separate weapons charges in addition to the aggravated robbery charge. Extortion — where the threat of violence is used to obtain property over time (rather than in a single confrontation), the charge may be extortion rather than robbery.
Frequently Asked Questions
What is the maximum penalty for robbery in Queensland?
Robbery under s 411(1) carries a maximum of 14 years' imprisonment. Where the robbery is committed armed, in company, or with personal violence (s 411(2)), the maximum is life imprisonment.
What is the difference between robbery and stealing?
Robbery requires violence or the threat of violence to a person at or immediately before or after the stealing. Without the violence element, the charge is stealing (s 398), which carries a maximum of 5 years. This distinction is one of the most important charge negotiation issues in criminal law.
Will I go to jail for robbery?
Robbery is a serious offence and imprisonment is a realistic prospect in many cases — particularly where a weapon was used, where there was actual physical violence, or where the offender has a relevant criminal history. However, the sentencing range is wide. A first offence involving a threat but no actual violence and no weapon, with strong mitigating material, may attract a non-custodial or suspended sentence. The preparation put before the court is what determines the outcome.
Which court hears robbery charges?
Robbery is a strictly indictable offence. Most robbery matters are dealt with in the District Court after committal from the Magistrates Court. Some lower-level matters — particularly youth matters or cases where the prosecution elects summary disposition — may be dealt with in the Magistrates Court.
What is armed robbery?
Armed robbery (s 411(2)) is robbery committed while the offender is or pretends to be armed with a dangerous or offensive weapon or instrument. The maximum penalty is life imprisonment. Even an imitation weapon — a toy gun, a knife-like object — can constitute armed robbery if the offender pretends to be armed.