Robbery, Theft &
Burglary Criminal Lawyers Melbourne

Our expert criminal law solicitors advise and represent clients in relation to all theft, burglary and robbery offences that exist in Victoria.

If you have been charged with a burglary, robbery or a theft offence you may need immediate legal advice and support
Our expertise includes defending charges of all levels of seriousness including those prosecuted in both the Magistrates’ and County Court
JDA Law’s criminal law solicitors will guide and represent you at every stage of the process

The Process

This is the process you might encounter when a burglary, robbery or theft related charge arises:

Police may interview an accused before issuing charges in relation to an alleged theft, burglary or robbery. Information provided to police at the interview stage can be critical to whether you are able to defence the charge.
If a theft, burglary or robbery charge proceeds prosecutors must prove the elements of the offence beyond reasonable doubt. Failing to prove these elements means a defendant will be found not guilty.
Grounds for a defendant to dispute the existence of these elements can be important.
If an accused is found guilty by either a jury or a Magistrate the court must decide on a penalty. Penalties for burglary, robbery or theft offences can vary from diversion, which avoids having a criminal record, to fines, Community Correction Orders and imprisonment

Expert advice and representation about these matters is important when a burglary, robbery or theft related charge is laid by police.

Types of Burglary, Robbery or Theft

Following is a brief outline of the elements of theft, burglary and robbery and a list of similar offences.

A defendant to a charge of burglary must be proved beyond reasonable doubt to have:
- Entered a building or part of a building (this includes an inhabited vehicle or vessel)
- Trespassed with the intent to:
- Steal
- Commit an offence involving an assault on a person in the building
- Commit an offence involving damage to the building or property in the building
A defendant will not be found guilty of burglary if any of these elements are not proved beyond reasonable doubt including if there is reasonable doubt as to whether the defendant:
- Entered the building or part of the building
- Was trespassing
- Intended to steal or commit an offence involving assault or damage to the building or property within it at the time they entered the building
A defendant will also not be found guilty if they can establish a defence such as acting under duress or out of necessity or if the prosecution cannot prove the accused’s identity.
A defendant to a charge of robbery must be proved beyond reasonable doubt to have:
- Committed a theft
- Immediately before or at the time of committing the theft, used force on any person, or put or sought to put any person in fear that they or another person would then and there be subject to the use of force
A defendant will not be found guilty of robbery if any of these elements are not proved beyond reasonable doubt.
A defendant will also not be found guilty if they can establish a defence such as that the prosecution cannot prove that they were involved in the crime.
A defendant to a charge of theft must be proved beyond reasonable doubt to have:
- Appropriated the property of another person, that is taken, or done something only an owner of the property is entitled to do
- Intended to permanently deprive that person of the property
- Acted dishonestly when this occurred
A defendant will not be found guilty of theft if any of these elements are not proved beyond reasonable doubt.
Reasonable doubt may consist of questions as to whether in relation to the property:
- The defendant did take or otherwise appropriate it
- The alleged victim owned it
- The defendant was entitled, permitted, or honestly believed they were entitled or permitted, to take it
- The defendant honestly believed they, or someone they were acting on behalf of, was legally entitled to or had permission to take it
- The defendant intended to permanently deprive the owner of it
- The defendant held an honest belief that the owner could not be located using reasonable steps
- The defendant acquired it in good faith from a person they believed was entitled to transfer it to them
A defendant to the charge of Theft will also not be found guilty if they can establish a defence such as acting under duress or out of necessity when the relevant events occurred.
- Armed Robbery
- Aggravated Burglary
- Criminal Damage
- Handling Stolen Goods