See the Acts Interpretation Act “Meaning of commonly used words and expressions” – person includes an individual and a corporation.

Stealing is defined in s391 of the Criminal Code – the elements for stealing must also be proven.

See R v Jerome and McMahon [1964] Qd R 595. The fear of violence without a threat is not sufficient. Violence requires some degree of force it used.  It means no more than physical force which is real and not merely threatened or contemplated: R v De Simoni (1981) 147 CLR 383.

The use or threat of violence must be done in order to obtain the thing stolen or to prevent or overcome resistance to it being stolen.

Criminal Code s409 is "robbery", s411 contains the penalty for the offence.

14 years if no circumstance of aggravation – life in some instances.

All charges in Queensland start in the Magistrates Court in the geographical location the offences is alleged to have occurred. Some charges must go the District and Supreme Courts (for example, a charge of Murder will go to trial in the Supreme Court but will start in the Magistrates Court). Some charges like public nuisance must stay in the Magistrates Court. Sometimes either the defence or prosecution can choose where the charges are heard.

Robbery will be a trial or a sentence in the District Court.

• Stealing & Assault (common or AOBH) as separate charges.

• Stealing from a person.

• Attempted robbery.

At the start of your case, you are provided the police version of the facts but not the evidence relied upon. Your lawyer will seek the disclosure of materials to clarify the facts further or determine the strength of the case against you.

Example: After an incident at the local pub, you have been charged with assault occasioning bodily harm. The police facts note the incident was recorded on CCTV and have sought the CCTV be disclosed to see if the footage supports the police version (or have left out important facts supporting your version) and medical records.

You might wish to plead guilty to the offences, but the police materials are different to your version of the events. Defence lawyers propose amendments, additions or removal of facts so the matters do not need to go to hearing. From a defence perspective, the purpose of conferencing on the facts is to remove irrelevant information or facts that may result in a higher sentence.

Example: CCTV records you striking a person several times. The police facts state it was "5 punches", but the footage is unclear. Through case conferencing the facts were amended to “struck the victim a number of times” or “the complainant was struck twice”.

If the charges are not supported by the evidence the prosecution has, the lawyers suggest the charge be withdrawn or reduced to a lesser offence. If the law provides a mitigation or defence to your charges, your lawyer will conference with the prosecution to seek the charge be withdrawn.

Example: You have been charged with assault occasioning bodily harm, however the medical evidence does not support the charge. As a result of conferencing, the charge was amended to the less serious charge of common assault.

Charges are not set in stone after the police issue with the notice to appear or release you on bail. Often the police will “over charge” and though the process of case conferencing more appropriate charges are agreed to.

Example: The police do a search of your property and locate your phone. After searching your phone a few text messages are found where you have offered to supply a few people (or even one person a number of times) the cannabis. The police charge you with trafficking in cannabis. After reviewing the evidence the defence lawyers and prosecution agree that 3 charges of supply is far more appropriate.