Armed Robbery Charges: Penalties and Defence Strategy

Armed robbery is one of the most serious offences in Victoria, carrying a maximum of 25 years imprisonment under section 75A of the Crimes Act 1958 (Vic). It is committed when a person commits a robbery while armed with a firearm, imitation firearm, offensive weapon, or explosive. Because the penalties are so high and these cases often turn on identity and the strength of the evidence, defence strategy matters enormously. A well-run defence can challenge the identification, contest whether you were really armed, or work to reduce the charge to robbery or theft.

Appealing a Magistrates’ Court Decision to the County Court

Yes. If you were convicted or sentenced in the Magistrates’ Court, you generally have a right to appeal to the County Court, and you must lodge a notice of appeal within 28 days. A County Court appeal is conducted as a rehearing under the Criminal Procedure Act 2009 (Vic), so your case is heard afresh and you are not bound by the plea you entered below. You can appeal your conviction, your sentence, or both, but the County Court can also impose a more severe sentence, which is why it must warn you first and give you the chance to abandon the appeal.

Affray and Public Violence Charges Explained

Affray is a serious public violence offence under section 195H of the Crimes Act 1958 (Vic), committed when a person uses or threatens unlawful violence in a way that would make a bystander of reasonable firmness fear for their safety. It carries up to 5 years imprisonment, or 7 years if you wore a face covering. Affray sits within a wider family of public violence offences, the most serious of which is violent disorder under section 195I, involving 6 or more people and carrying up to 10 years. The common law offence of riot was abolished in Victoria in 2017.

Careless Driving vs Dangerous Driving: What’s the Legal Difference?

Careless driving is judged objectively, whether a reasonable, prudent driver would have acted differently, and carries fines up to 25 penalty units. Dangerous driving requires proof the manner of driving was inherently unsafe to the public, and carries up to 240 penalty units or 2 years imprisonment, plus mandatory licence disqualification.

Hoon Driving Laws in Victoria: Impounding and Charges Explained

Victoria’s anti-hoon laws let police impound or immobilise a vehicle on the spot for up to 30 days for a first hoon offence. A magistrate can order impoundment or immobilisation for up to 3 months for a second offence within six years, and a third offence within that period opens the door to permanent forfeiture.

Common Assault vs Aggravated Assault: What’s the Difference?

Common assault and aggravated assault are both charged under the Summary Offences Act 1966 (Vic), but aggravated assault involves specific circumstances of aggravation, such as acting in company with another person or using a weapon, which carry higher maximum penalties than common assault alone.