Aggravated Robbery with Wounding
The offence of aggravated robbery with wounding is a very serious criminal offence and can be found under section 96 of the Crimes Act 1900 (NSW). Section 96 of the act states that:
“Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment of 25 years.”
To best understand this offence, it is important to understand Section 95 of the Crimes Act. This section relates to the offence of aggravated robbery in which an individual uses violence to take possession of property belonging to another individual. This particular offence attracts a maximum penalty of 20 years imprisonment.
Evidently, if the violence escalates and results in grievous bodily harm, the accused a liable to a more significant sentence of imprisonment for 25 years to reflect the serious nature of the offence. The Crimes Act defines grievous bodily harm as:
- The destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
- Any permanent or serious disfiguring of the person, and
- Any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
Therefore, the act of seriously injuring or harming another individual during the course of an aggravated robbery is defined as a serious criminal offence, associated with severe maximum penalties.
The charge of aggravated robbery with wounding is perceived as a very serious offence as seen in Section 96 of the Crimes Act 1900. The act states that any one who is found guilty of the offence should be liable to a maximum penalty of imprisonment for 25 years.
In fact, Crimes Statistics Australia reveals that 72% of robbery related offence result in a full time custodial sentence, and with the serious nature of this particular offence, this penalty is quite likely.
However, statistics also show that 27% of robbery related offences attract other non-custodial orders as seen appropriate by the Court. Upon consideration of the circumstances surrounding offence and personal circumstances, the Court may use their discretion to enforce penalties such as intensive correction orders (ICOs), home detention, community service orders (CSOs), good behaviour bonds, a monetary fine or a suspended sentence.
In order to be found guilty of charges relating to aggravated robbery with wounding, the prosecution must prove beyond a reasonable doubt that you did commit the crime as per section 95 of the Crimes Act 1900. It must be proven that:
- You with the intent to steal;
- Took property;
- From the victim’s immediate control or presence;
- By the use of violence or by putting the victim in fear;
- In circumstances of aggravation immediately before, at the time of or immediately after the assault;
- And inflicted grievous bodily harm on the victim.
- If the above claims can be established and proven and wish to plead guilty to the allegations made against you, the case will proceed to sentencing in which one of the above penalties will be enforced. While the offence attracts a maximum gaol term of 25 years and statistics demonstrate this is likely, a guilty plea could result in a reduced sentence if the Court sees fit. Alternatively, the Court may also reward a guilty plea with other less significant penalties as mentioned above.
If you, or somebody you know as been charged with aggravated robbery result in wounding, contact our team of expert criminal defence lawyers for a FREE first consultation and appropriate advice relating the specific penalties that may be enforced.
Should you plead not guilty to the charges of aggravated robbery resulting in wounding, the matter will proceed to trial in which the prosecution will have to establish and prove beyond a reasonable doubt that the offence was committed as per section 96 of the Crimes Act 1900 (NSW). It is up to the prosecution team to provide evidence that you intended and successfully took to property from a victim by circumstances of aggravation which also resulted in grievous bodily harm of the victim.
If the prosecution team is able to prove these facts, a conviction is likely to follow unless our criminal defence lawyers are able to negate the claims by using the following defence strategies. These defence strategies may either provide a complete defence, in which the charges will be dropped and no penalties will be imposed, or a partial defence in which charges will be downgraded to an offence with less significant penalties.
There are many defence strategies that may be used to dismiss allegations of aggravated robbery resulting in wounding. Our expert criminal defence lawyers may use the following:
Duress: Involves the use of harmful threats to coerce an individual to participate in an activity that they would unlikely participate in, should they have not received the treats. Typically, these threats take form of death or grievous bodily harm in which it is firmly believed that by the accused that if they do not participate in the activity, the threat will take place.
Necessity: Although difficult to prove, our criminal defence lawyers may be able to raise the defence of necessity if it can be proven that our client only acted unlawfully to protect themselves from external threats from either natural or human forces. It must be proved that the situation has a sense of urgency, and the accused would have to believe that if they didn’t act, their life would have been in danger. The act of aggravated robbery with wounding must be in proportion to the threat of danger.
Self-Defence: Our criminal lawyers may be able to raise self -defence if it can be proven that actions were taken in order to defend confrontations and harm by the victim. Self-defence occurs in circumstances in which the accused aims to protect property, themselves or another person.
Honest Claim of Right: Encompasses situations in which the accused has a bona fide claim in which they holistically and genuinely believe they’re entitled to the property that was stolen. As the charge of aggravated robbery with wounding is a serious offence, honest claim of right may only provide a partial defence in which charges will be downgraded. Although penalties will still be imposed, a reduced charge usually has lesser sentences and is therefore more favourable than the maximum penalty of 25 years imprisonment for the charge of aggravated robbery with wounding.
As one of Sydney’s best criminal defence lawyers with multiple industry award wins and a 90% success rate, we have represented cases in various Courts throughout NSW. Clients can be confident that whether their case is dealt with at a Local, District or Supreme Court, our criminal defence team has the expertise to effectively handle the matter.
If you or someone you know is facing charges of aggravated robbery resulting in wounding, call our expert team now for a FREE consultation.