>[!info] >[s. 75(1) Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s75.html "Robbery") —  A **person** is guilty of robbery if he **steals**, and **immediately before** or at the **time of doing so**, and in order to do so, he uses **force** on any person or puts or seeks to put any person in **fear** that he or another person will be then and there subjected to force. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5100.htm "Charge Book - Robbery") relating to this matter. # Example Tim has withdrawn cash from an ATM. Olivia walks up, grabs Tim by the arm and pulls him to the ground demanding for him to hand over his money. Tim in fear, hands over his money to Olivia. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence Triable Summarily heard at the Magistrate's Court for offences up to $100,000. County Court for offences above $100,000. # Defences Any defence of theft is a defence of robbery; e.g. a claim to that property. # Points of Proof 1. Identity 2. [Theft](https://infopol.net/books/offences/page/theft "Theft") 3. Use of Force 4. Force Used in Order to Commit Theft # Key Elements 1. The accused **stole** something (e.g. theft) 2. Immediately before or at the time of the theft, the accused: 1. Used **force** on any person, or; 1. To be determined by a jury as to the minimum level of force 2. Put any **person in fear** that he or another person would, **then and there**, be subject to the use of force. 1. Element not met if force was applied or fear induced, after property was appropriated. 3. Or sought to put any person in fear, it is not required that the victim actually felt fear. 3. The **accused did so** in order to commit theft. 1. It can't be so that the accused used force then had the opportunity to steal something. There must be an initial intention to steal. The victim can be any person, but **not** property. However, if accused uses force against property and victim then fears they will be subject to same force, the element is complete. # Charge The accused at **PLACE** on **DATE** did rob **NAME** of **PROPERTY** the property of **OWNER** and valued at **DOLLARS**. |**Section**|**Text**| |---|---| |LEAP Code:|212AA| |Offence Literal:|Robbery| |Offence Type:|Indictable Offence| |Jurisdiction:|State| |Law Type:|Act| |Act / Reg. No:|Crimes Act No.6231/1958| |Section/Clause:|75(1)|