Call Us Now: 0416 126 532

Property Offences

Been caught or under investigation?

Being investigated or charged with a property offence? We have the resources, knowledge and experience to deal with all property charges in QLD, such as Robbery, Stealing, Break and Enter and Burglary. Our friendly and helpful lawyers can provide you with a free consultation to discuss any queries or questions that you may have in relation to property charges.

Questions?
Look Here.

We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.                                            

The Prosecution must prove that:

  1. The defendant stole something.
  2. At the time of, or immediately before, or immediately after, stealing it, the defendant used or threatened to use actual violence to any person or property.

Any degree of violence is sufficient.

Use of violence means that some degree of force is used.

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.

(1) Any person who commits the crime of robbery is liable to imprisonment for 14 years.
(2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.

The Prosecution must prove that:

  1. The [property described in the indictment] is a thing capable of being stolen.

Anything that is the property of any person is capable of being stolen if it is:

  1. moveable; or
  2. capable of being made moveable even if it is made moveable in order to steal it.
  3. The thing is owned by the person named as owner in the indictment.
  4. There was a taking without the consent of the owner.

That is the defendant must have actually moved it or actually dealt with it by some physical act without the owner’s consent.

  1. The taking was with a fraudulent intent.

That is with an intent to permanently deprive the owner of the thing.

[Where there is more than one item of property:

It is sufficient for the prosecution to prove the stealing of any one item – not necessary for the prosecution to prove defendant stole all the items referred to in the indictment.]

(1) Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years.

Burglary.
The Prosecution must prove that:

  1. The defendant entered the dwelling or, for offence under s 421, premises of [the complainant];

  2. At the time the defendant entered the dwelling house he intended to commit an indictable offence, namely [name indictable offence]. 

[The named offence is an indictable offence.

Direct on any relevant circumstances of aggravation: 

  1. Break.

A person who breaks any part, whether external or internal of a dwelling or any premises or opens by unlocking, pulling, pushing, lifting or any other means whatever, any door, window, shutter, cellar, flap or other thing, intended to close an opening in a dwelling or premises, or an opening giving passage from one part of the dwelling or premises to another, is said to break the dwelling or premises.

  1. “In the night” means between 9 pm and 6 am.

  2. “Uses or threatens to use actual violence”.

Actual violence means no more than physical force which is real and not merely threatened or contemplated.

Armed.

To be armed with a weapon means that the defendant must be in possession of a weapon and the weapon must be available for immediate use as a weapon.

  1. “In company”.

Being ‘in company’ requires proof that the defendant and one or more other person or persons be physically present for the common purpose of entering the dwelling or premises.

A person is said to enter a dwelling as soon as any part of the person’s body or any part of any instrument used by the person is in the dwelling.

 “Premises” includes a building or structure or part thereof, a tent, caravan, vehicle or similar place

The further opening of an already partly opened garage door does not constitute a “breaking”.

What Our Clients Say

The feedback we receive regularly from our clients speaks volumes about our commitment to excellent results, professionalism and service.

Karen Kettlewell

Belinda is the epitome of professionalism in her practice of criminal law. I’ve worked as a Criminologist in the court system alongside Belinda for many years and would refer clients to her for representation. Belinda is fair and empathetic and is able to get the result a client deserves.

Aman Walia

Belinda what you have done for me I can never put into words. Thank you for helping me have a new start in life. Thank you for listening without judgement. Thank you for being on my side. Thank you for being a brilliant lawyer. Thank you for caring.

casey strand

Belinda recently represented a close family member and thankfully got an outcome that no other lawyer said was possible.. It's clear to see that you are passionate about your work as well as being caring, honest and sincere for your clients. If your wanting the best possible outcome I cannot recommend Belinda enough!! Thankyou!

Neville Bush

Belinda is exceptional. She handled my case and everything was taken care of without much of my intervention. I am pleased to have her work on my case. I will recommend her services to my friends and family.

paul makin

Right from the very first message, Belinda has helped me all the way. She's so caring, kind and intelligent. She has given 110% and is an absolute shining star in the world of legal. Her integrity, trust and ability to adapt to the curve balls thrown at her in my case were mind blowing. I just wish there were more people in this world with the caring attitude and attention to detail she has given. Her follow up care was absolutely astounding, checking in on me , and even my family. Thankyou so much from the bottom of my heart Belinda. I'll never be able to thank you enough. You can try the rest , but don't bother , just go to the best from the start !

Melissa Peachey

Belinda is an exceptional criminal lawyer, her attention to detail and professionalism goes above and beyond any of my expectations. We heard about Belindas success with our friend's driving offences and we didn't hesitate to employ her services for our legal battle. Her expertise and knowledge of the law was incredible but she made the process so simple, as legal jargon goes over my head. It was such a stress free experience and we were so happy with the result. You will not be disappointed with Belinda and her excellent client care. We will be using her again in future. Thank you.

Brock Lewis

Belinda, your an absolutely phenomenonal criminal lawyer, and an amazing person! Thankyou for everything and more that you did with my case! Highly Recommend Belinda to anyone in need of the best of the best to represent them to ensure the best results on the Coast!! Your work ethic, passion & drive, commitment, caring attitude, professionalism and more is truly second to none! Thankyou again from myself and the family! X

Desmond Summerfield

I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.

Jesse Parker

Absolutely recommend! I hold Belinda’s legal advice and legal representation to the highest of levels. Easily contactable, listens to instruction yet gives advice if she thinks it’s not the best move, conducts herself with the up most professionalism. You will not regret putting your trust into Robinson Law to handle your matter.

Anne Strelow

Belinda’s professionalism and tireless work as a Solicitor is truly amazing. Belinda’s empathy and dedication to her clients is second to none, her commitment to helping others is paramount. As a gifted solicitor and equally an incredible human being, Belinda is the one to help you. Forever grateful. AS.

    Register & Get Free Legal Consultation

    Charged With a Criminal Offence or Under Investigation?