QLD Should Theft Charges be Dropped?

[Kevcon21]

I have been charged with robbery, even though I tried to return the goods 20 min later and although the victim did not get his stuff back for a few days, he admits nothing was missing.

My lawyer whom I have now fired told me that the robbery and theft charge should be dropped as I did not try and deprive the victim of his possessions because I tried to give them back.

Is the lawyer correct or does it not matter?

I am in QLD.

 

[Car]

What were the circumstances of the robbery? Was violence or intimidation involved? It's hard to say what will happen without more details, if it was a B&E then I doubt they'll be dropped as the intention to deprive is pretty clear and I don't think your change of heart will be taken into account. You should definitely find a lawyer though.

 

[Kevcon21]

What were the circumstances of the robbery? Was violence or intimidation involved? It's hard to say what will happen without more details, if it was a B&E then I doubt they'll be dropped as the intention to deprive is pretty clear and I don't think your change of heart will be taken into account. You should definitely find a lawyer though.

I had seen a guy that owed me rent money after he turned my house into a crack den and I evicted him, I confronted him and he took a swing at me and so I defended myself and hit him after which I took his bag and phone, First lawyer ripped me off and are trying to get legal aid, I am on centrelink payments but they are causing problems as well. The police showed at my house after I evicted him and basically said oh well your problem but they were supposed to take the crack stuff but didn't and so far I have gone through a harrowing process through the courts try to get money back, winning my case but hey he just doesn't pay, so no help from the law for me

 

[AllForHer]

Then you get an enforcement order.

You don't go to the house, provoke a violent altercation with the respondent, steal his property and then claim that you're the victim. Consider yourself blessed that the police didn't take the 'crack stuff' with them because you could have found yourself up for possession as well.

I can't see the charges being dropped in the circumstances you've described.

 

[Callmekayte]

Even if you were defending yourself from an assault, you had no legal reason to steal his property so I doubt the charges will be thrown out. The fact that you attempted to return the property and he owes you money doesn't really hold any weight in regards to you being charged as far as the police are concerned. It might help to explain your actions in court though. Good luck.