Alan Phillips represented an 18 year old female who was charged with an armed robbery. The alleged offence occurred when a neighbour disturbed intruders next door. The neighbour walked over and a male pulled out a gun and threatened him with it.
The neighbour said there were other people inside the house as well as others loading things into a car. He could not identify any of those people. A Prado was stolen from the property at around 3.30pm. There was no forensic evidence linking our client to the scene. Our client's phone was 'pinged' in the area of the robbery taking place at the relevant time.
Alan's client was located with the stolen Prado about one hour later. She was with the man who had threatened the neighbour earlier. She was caught after a police chase and she had possession of the firearm (replica) which was used.
Our office wrote to the prosecutors indicating they should discontinue the charge as they would be unable to secure a conviction. They refused to do so and the matter was listed for a committal hearing with a 'no case to answer' submission.
Alan Phillips of our office appeared and made submissions that no properly instructed jury could convict our client based on the Crown evidence, taken at its highest. The Magistrate agreed and discharged our client of the offences of enter dwelling with intent to commit an indictable offence, and armed robbery in company.
Armed robbery is a very serious offence and carries a maximum penalty of life imprisonment.
Don't hesitate to contact our office on 07 3180 0158 or 0403 846 238 if you require legal assistance.
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