Robbery & Burglary

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Robbery and burglary are among the most serious property offences in the ACT. Both carry significant imprisonment and, in aggravated form, can be dealt with in the ACT Supreme Court. ABLG defends robbery and burglary charges across Canberra with a focus on identification, intent and reducing exposure to a custodial sentence.

Robbery and burglary under ACT law

The principal offences sit in the Crimes Act 1900 (ACT):

• Section 94 — Robbery
• Section 95 — Aggravated robbery
• Section 132 — Burglary
• Section 133 — Aggravated burglary

Robbery requires the use or threat of force to steal property. Burglary requires entry into premises as a trespasser with intent to commit an offence inside (commonly theft, assault or property damage).

Maximum penalties in the ACT

• Robbery — up to 14 years imprisonment
• Aggravated robbery (in company, with a weapon, or causing harm) — up to 25 years imprisonment
• Burglary — up to 14 years imprisonment
• Aggravated burglary — up to 20 years imprisonment

What the prosecution must prove

For robbery: that property was taken from a person or in their presence; that force or threat of force was used; that the accused intended to permanently deprive the owner of the property.

For burglary: that the accused entered premises as a trespasser; that, at the time of entry, they intended to commit an offence inside. For aggravated forms the prosecution must additionally prove the circumstance of aggravation (weapon, in company, causing harm, occupied dwelling).

Charged with robbery or burglary in Canberra? Call (02) 6210 1075 before your first court date.

Defences available in the ACT

• Identification — challenges to CCTV quality, eyewitness reliability, photoboards and DNA
• Lack of intent — for burglary, no intent to commit an offence at the moment of entry
• Claim of right — honest belief in a legal entitlement to the property
• Duress — acting under threat of harm
• Withdrawal — abandonment of the joint criminal enterprise
• Mental impairment under the Criminal Code 2002 (ACT)

ACT Magistrates Court and committal

Simple burglary can be dealt with summarily in the ACT Magistrates Court if both parties agree and the matter is appropriate for summary disposal. Robbery and aggravated forms are indictable and committed to the ACT Supreme Court after a committal mention. Bail is often contested in serious matters; we prepare detailed bail packages addressing residence, employment, and risk.

Sentencing strategy

Courts in the ACT consider the principles in the Crimes (Sentencing) Act 2005 (ACT). Early plea, rehabilitation evidence, restitution and personal circumstances can materially shift outcomes from full-time custody to an Intensive Correction Order or suspended sentence in appropriate cases.

Call (02) 6210 1075 to speak with an ABLG criminal defence solicitor today.

Sentencing in the ACT

Sentencing for robbery and burglary in the ACT is governed by the Crimes (Sentencing) Act 2005 (ACT) and the appellate guidance from the ACT Supreme Court and Court of Appeal. Full-time imprisonment is the typical starting point for armed or in-company offences. For less serious matters with strong rehabilitation prospects, an Intensive Correction Order, suspended sentence or, in narrow cases, a section 17 non-conviction order remain available.

Identification challenges

Robbery and burglary cases often turn on identification. CCTV quality, lighting, distance, the conduct of identification parades or photoboards, and the reliability of eyewitness recall are all live issues. The protocols for identification evidence in the ACT, and the directions a jury must be given, create real opportunities to test the prosecution case.

Co-accused and joint criminal enterprise

Many robbery and burglary prosecutions involve multiple accused. The doctrines of complicity and joint criminal enterprise under the Criminal Code 2002 (ACT) determine whether each person is liable for the conduct of the others. Early strategic decisions about whether to give evidence, plead, or run separate trials are critical.

Restitution and victim impact

Restitution to the victim, a genuine letter of apology, and evidence of insight materially affect sentencing for property offences in the ACT. Where the accused has the means to make restitution before sentence, this can shift the outcome.

Related criminal defence services

• Assault charges
• Serious indictable offences
• Bail applications

Frequently asked questions

What is the difference between robbery and burglary in the ACT?

Robbery involves taking property from a person using force or threats. Burglary involves entering premises as a trespasser intending to commit an offence inside.

Is burglary always dealt with in the ACT Supreme Court?

No. Simple burglary can proceed summarily in the ACT Magistrates Court. Aggravated burglary is indictable and usually heard in the ACT Supreme Court.

Can I get bail for an aggravated robbery charge?

Bail is contested and not presumed for serious offences. A strong bail package addressing risk, accommodation and supports improves prospects.

What counts as aggravated burglary in the ACT?

Circumstances such as being armed, being in company, causing harm, or entering an occupied dwelling can elevate burglary to its aggravated form.

Will I go to prison for a first burglary offence?

Not necessarily. Sentencing depends on the value, harm, planning, prior record and rehabilitation. Early ABLG involvement can change the trajectory of sentence.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.