Robbery and Extortion offences in Tasmania

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Robbery and extortion are common crimes around the world. Such crimes are recognised by the law around the world and especially in Tasmania, Australia. Tasmania is reported to be the least in such crimes.

Robbery and extortion are termed as criminal offences under the Criminal Code Act 1924 and the Police Offences Act 1935.

Robbery offences are a serious criminal offence and if convicted in an Australian court, the offence will show up on an individual’s Nationally Coordinated Criminal History Check.

Robbery in Tasmania

Robbery is said to be committed when a person apart from stealing, at the same time or just before the stealing, threatens the victim of using violence or uses violence, only for the purpose of stealing the property or sometimes violence is done or threat of violence is given to prevent the other party from stopping the theft.

If someone is harmed or if the robbery is committed by more than one person then it is termed as an “aggravated robbery”. Using a weapon in the robbery is an armed robbery and if an offensive robbery with arms is committed then it is stated as an aggravated armed robbery.

Section 240 of the Act

Section 240 of the Criminal Code Act 1924 in the Tasmanian legislation deals with the act of Robbery.

1. If an offender steals something and at the time of stealing or just before the stealing process, threatens the victim of offence or if they use offence while stealing, for the purpose of completing the theft or for the purpose of preventing the victim from stopping the theft, then it is called robbery.
2. When a robbery is committed by a person and;
1. Is with another person or persons, when the robbery is being committed,
2. Cause a bloody harm to the other party before or at the time of theft.

He or she is then considered guilty of the robbery crime.

3. A person who while committing robbery with a firearm in his hand is guilty of armed robbery.
4. A person who is equipped with a firearm and has already committed an aggravated robbery is then guilty of aggravated armed robbery.

Penalty for Robbery

The penalty for robbery in the Tasmanian legislation is 21 years of imprisonment, a fine or both. If the case is being heard Summarily by the Magistrate then the penalty will be 1 year of imprisonment and a 20 penalty units fine.

Burglary in Tasmania

Burglary is basically trespassing by a person in other people's property, building or conveyance. It includes trespass by collusion or threat, with the intention of stealing. If the burglary is committed in a place of residence, with a weapon, and acts in a violent way while committing the burglary and at last deprives them of their property then it is termed as aggravated burglary.

Sections 243-248

In Tasmania, Sections 243-248 of the Criminal Code Act 1924, deals with Burglary.

• ❖ Section 244: Burglary:

A person who enters a place which is termed as a trespass, by means of threat, collusion or artifice, with the intention to commit crime, then he or she is guilty of burglary.

• ❖ Section 245: Aggravated Burglary:

Any person who commits burglary and,

1. At the time when they commits burglary;
1. They have a weapon,
2. The place where the burglary happened is used for habitation purposes by humans.

2. Use force or violence, deprives someone of their liberty, and or assaults a person;
1. When committing the burglary,
2. When they are still in the location of burglary.

They are guilty of “Aggravated Burglary” if:

• ❖ Section 248: Being Armed, with the intention of committing a crime:

Any person who is found,

1. Armed with an offensive, and or a dangerous weapon, or instrument,
2. Any instrument in his possession, without a legal excuse, and enters the property,
3. Being disguised, masked, or blackened, with the intention of committing the crime.

They are guilty of the crime.

Penalty for Burglary in Tasmania

The maximum penalty for Burglary in the Tasmanian legislation is 21 years of imprisonment, sometimes a fine or both. However if the case is heard Summarily by a Magistrate then the maximum penalty is 1 year of imprisonment and a fine of 20 penalty units.

Stealing Offences in Tasmania

In Tasmania, stealing is termed as the most common crime. It sometimes involves violence and sometimes the offence is non-violent. Stealing of tangible property is the main action in such criminal offences.

Different offences i.e. stealing offences are recognised by the Criminal Code Act 1924, in the Tasmanian Legislation, and the Police Offences Act 1935.

Stealing property from another person is termed as a crime under the Act. Stealing is said to happen when someone takes or uses the property of another person without their concern and with the intent to deprive them permanently of their property. Stealing is also said to happen when property is held unlawfully by someone and they convert it into their name.

Stealing is recognised by the Criminal Code Act 1924 in the Tasmanian legislation and it is a punishable crime. The penalty varies with the extent and nature of stealing.

Section 226

Section 226 of the Act, defines stealing as:

1. When a person dishonestly and without the consent of the owner,
1. Takes, or
2. Being a lawful bailee, custodian or servant, start using the property or allow someone else to use it without the prior consent of the owner.

Anything which is stolen with the intent to deprive the owner permanently.

2. The term Takes also means to obtain possession;
1. By a trick,
2. Through intimidation
3. By a mistake on the owner’s part,

Penalty for Stealing Offences

Arrests require proper warrants but there are certain stealing offences where you can be arrested without warrants. The maximum penalty for stealing offences is 21 years of imprisonment or fine or both. However the penalty is minimised to 1 year if it is decided that the case needs to be handled Summarily by the Magistrate.

Defences

There are no specific defences available to stealing as it is a criminal offense. However it depends on the question of fact and the rights of the offender about the property which is stolen.

Offences Analogous to Stealing

Some of the recognized crimes are termed as analogous to stealing under the Criminal Code Act 1924, in the Tasmania Legislation. The offences analogous to stealing includes the following crimes,

• Destroying or concealment of public records and other important documents.
• Killing animals with the intent to steal
• Severing something from the land with stealing intent.

Section

Sections 235-239 of the Criminal Code Act 1924 deal with the offences analogous to stealing in Tasmania. According to these sections offences analogous to stealing are explained as;

• ❖ 235: Unlawful dealing with registers and records:

Any person who unlawfully and willfully destroys or conceals any public register or such records which are required to be kept safe under the general public statute, is replaced, removed with the intent to defraud is guilty of the crime. He or she is to be charged with unlawful dealing with a record or register.

• ❖ 236: Unlawful dealing with documents and wills of title:

Any person, who cancels, retains, destroys or conceals any part or the whole testamentary instruments or will, or any other document which can serve as a witness document of the title holder, with the intention of fraud, is guilty of the crime.

• ❖ 237: Killing of animals with stealing or killing intentions:

A person who kills an animal with the intention of stealing the animal or a part of it is guilty of stealing.

• ❖ 238: Severing with the intention to steal:

A person who severs forming part, anything attached, or any real property with the intention of stealing a part or the whole is guilty of the crime.

• ❖ 239: Unlawful branding of animals:

A person who unlawfully brands an animal with a registered brand under any act, with the intention of fraud is guilty of the crime.

Penalty for Offences Analogous to Stealing

Each of the above separately have a maximum penalty of 21 years of imprisonment, fine or both. If the trial is heard and handled Summarily by the Magistrate then it will include 1 year of imprisonment and a fine of 20 penalty units.

Do robbery offences appear on a Nationally Coordinated Criminal History Check?

Robbery offences committed will show up on an individual’s Nationally Coordinated Criminal History Check result if there was a conviction recorded against the individual in a court of law in Australia.

You can obtain your Nationally Coordinated Criminal History Check online via the Australian National Character Check (ANCC®) website.

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