Section 132.3 Criminal Code Act | Aggravated Robbery

The Legislation

Section 132.3 of the Criminal Code Act 1995 (Cth) is Aggravated Robbery and is extracted below.

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132.3  Aggravated robbery

(1)  A person is guilty of an offence if the person:

(a)  commits a robbery in company with one or more other persons; or

(b)  commits a robbery and, at the time of the robbery, has an offensive weapon with him or her.

Penalty:  Imprisonment for 20 years.

(2)  For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated robbery.

Note:          Robbery means an offence against section 132.2. Under section 132.2, an element of the offence of robbery is that the defendant commits theft. Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.

(2A)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.

(3)  In this section:

offensive weapon includes:

(a)  an article made or adapted for use for causing injury to, or incapacitating, a person; or

(b)  an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.