Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p7
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 7/39)
Character Range: 46065–48704

of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of receiving, the trier of fact may find the defendant not guilty of the offence of theft or the section 134.1 offence but guilty of the offence of receiving, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

 (10) If, in a prosecution for an offence of receiving, the trier of fact is not satisfied that the defendant is guilty of the offence, but is satisfied beyond reasonable doubt that the defendant is guilty of an offence of theft or an offence against section 134.1, the trier of fact may find the defendant not guilty of the offence of receiving but guilty of the offence of theft or the section 134.1 offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Receiving property stolen before commencement

 (11) For the purposes of this section:
 (a) it is to be assumed that sections 131.1 and 134.1 had been in force at all times before the commencement of this section; and
 (b) property that was appropriated or obtained at a time before the commencement of this section does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth in force at that time.

Obtaining

 (12) The definition of obtaining in section 130.1 does not apply to this section.

Note: See subsection 134.1(3).

Definition

 (13) In this section:

account has the same meaning as in section 133.1.

132.2  Robbery

 (1) A person is guilty of an offence if the person commits theft and:
 (a) immediately before committing theft, the person:
 (i) uses force on another person; or
 (ii) threatens to use force then and there on another person;
  with intent to commit theft or to escape from the scene; or
 (b) at the time of committing theft, or immediately after committing theft, the person:
 (i) uses force on another person; or
 (ii) threatens to use force then and there on another person;
  with intent to commit theft or to escape from the scene.

Penalty: Imprisonment for 15 years.

 (2) For the purposes of this Code, an offence against subsection (1) is to be known as the offence of robbery.

Note: Theft means an offence against section 131.1. Under section 131.1, an element of the offence of theft is that the property belongs to a Commonwealth entity.

 (3) In a prosecution for an offence against subsection (1), it is not necessary to prove