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Section 132.2 Criminal Code Act 1995
Robbery

Section 132.2 of the Criminal Code Act 1995 (Cth) is Robbery and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Robbery matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

132.2  Robbery

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

(a)  immediately before committing theft, the person:

(i)  uses force on another person; or

(ii)  threatens to use force then and there on another person;

with intent to commit theft or to escape from the scene; or

(b)  at the time of committing theft, or immediately after committing theft, the person:

(i)  uses force on another person; or

(ii)  threatens to use force then and there on another person;

with intent to commit theft or to escape from the scene.

Penalty:  Imprisonment for 15 years.

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

Note:          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.

(3)  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.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with. Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
    • Liverpool, directly opposite Liverpool Local Court, and
    • Parramatta, near the justice precinct.

    We offer free parking at our Sydney CBD and Liverpool locations, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.


Recent Cases

Conviction Appeal Successful for Client who was on a Suspended Sentence

The Presiding Judge in Downing Centre District Court has overturned the Local Court's guilty verdict against our 34 year old client who under a 'suspended sentence'.

Our client pleaded guilty to Robbery In Company late last year and was placed on a 2 year 'suspended prison sentence'.

He was driving his car in Waverley a little over a month later when he was stopped for a random breath test.

While being tested, police observed a pair of latex gloves protruding from below the driver's seat.

Police asked him about the gloves and he allegedly did not give an adequate explanation.

Police say that our client appeared nervous, highly agitated and was sweating profusely.

They searched his car and located several additional items under and near the driver's seat, including a 30 cm flat screwdriver, a small torch and most significantly a 'skeleton key' typically used to open a variety of locks.

They arrested and charged our with:

'Possessing Housebreaking Implements' under section 114 of the Crimes Act', and 'Commit Section 114 Offence Having Previously Been Convicted of Indictable Offence' under section 115.

The law says that if a person is found in possession of items that are capable of being used as housebreaking implements, the onus then shifts to that person (ie to the defendant) to prove that the items were for lawful purposes.

Our client took the witness stand during his Defended Hearing in Waverley Local Court but - given that he was unemployed at the time - the Magistrate rejected his explanation that he used the items for electrical work.

However, on appeal the District Court Judge was persuaded that this was a reasonable possibility and overturned the Local Court Magistrate's decision.

This means that our client is not in breach of his suspended sentence and will not be sent to prison.

No Prison for 4 x Robbery in Company and Detain for Advantage

The Presiding Judge in Downing Centre District Court gave 'suspended sentences' (no prison) to our 28 year old client from Ryde who pleaded 'guilty' to four counts of Aggravated Robbery (In Company) and Detain for Advantage.

The case involved 'home invasions' in Elizabeth Bay during May 2012.

Sydney Criminal Lawyers® obtained bail for the man and he is undertaking a residential drug rehabilitation program.

Our defence team successfully negotiated the reduction of charges and amendment of the prosecution 'facts', to make them less-serious.

It is a remarkable result considering that the co-offender's lawyers were unable to obtain bail for their client and he remains in custody.

The case shows that clients can remain free despite the seriousness of the charges and strength of the prosecution case, as long as they are represented by committed criminal lawyers who are prepared to fight for bail, to give guidance about rehabilitation, to intensely negotiate the charges and 'facts', to thoroughly prepare for sentencing and to persuasively present the case in court.

Bail for client who was advised he had no chance

In Campbelltown Local Court, Sydney Criminal Lawyers® successfully obtained bail for a 23 year old 'repeat offender' who was advised by his former solicitors and barrister that he had no chance of getting bail.

The man has several previous convictions for robbery, larceny, drugs and break & enter offences.

Most significantly, he was already on strict conditional bail including a night-time curfew for 'aggravated break, enter & steal' at the time of his present charges.

His present charges involve him allegedly 'break & entering' a home, stealing credit cards and using those cards shortly thereafter to make purchases at 2 nearby petrol stations and a convenience store, at a time when he was supposed to be home for his curfew.

According to the police 'facts', his use of the stolen cards is captured on CCTV footage and he had was in possession of receipts from the purchases when arrested.

Sydney Criminal Lawyers® obtained bail despite all of those factors.

Going to Court? Call For Your Free First Appointment

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