You commit the offence of robbery in South Australia under section 137 of the Criminal Law Consolidation Act 1935, if, during the process of a theft, you use or threaten to use force on another person (either so that you can commit the offence or to escape from the scene where the theft was committed).

Where a theft becomes a robbery because of a threat of force, it is not necessary for the threat to have actually aroused fear in another person, in the sense of making that person afraid. It is sufficient if that person was led to believe that the person making the threat may carry out the threatened conduct.

If you can establish one of the folling defences, you will not be guilty of the theft element of a robbery charge and you will not be convicted for robbery. However, you may still be convicted of an offence against the person such as assault or threatening harm/life.

Claim of Right (Conduct)

Your conduct is not dishonest, if you have acted on an honest but mistaken belief that you had a right to act in that way.

Claim of Right (Property)

An assertion of a right to property is not dishonest if you honestly believed that you had such a right.

Finders Exemption

You will not be acting dishonestly if you find and deal with property in the belief that the owner cannot be found by taking reasonable steps and there is no obligation to return or give up the property.

Honest Acquisition

If you acquired property in the honest (but mistaken) belief that you acquired good title, you cannot be guilty of theft as a consequence of any subsequent dealing with the property.

To be convicted of robbery in South Australia, the prosecution must prove that:

1. you dealt with property;
2. the property was owned by another;
3. you dealt with the property without the owners consent;
4. the dealing was dishonest according to standards of ordinary people
5. you used force or threat of force against another in order to deal with the property;
6. you Intended to deal with the property;
7. you intented to permanently deprive or make a serious encroachment on the owner’s proprietary rights;
8. you were aware that ordinary people would regard your conduct as dishonest; and
9. you intened to use force or make threat.

Come and see the professional team at Caldicott Lawyers for assistance with your robbery matter.

Call us on (08) 8120 3778 or email [email protected] and our experienced criminal lawyers will be happy to answer your questions in relation to your charge of robbery.