Section 95 of the Crimes Act 1900 (NSW) states that:
- Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.
- In this section, “circumstances of aggravation” means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
- The alleged offender uses corporal violence on any person,
- The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
- The alleged offender deprives any person of his or her liberty.
If found guilty of any of the actions, you will be charged with the criminal offence of aggravated robbery and liable to penalties enforced by the NSW judiciary system.
The charge of aggravated robbery is perceived as a very serious offence which attracts significant penalties as a result. Section 95 of the Crimes Act 1900 states that the maximum penalty for aggravated robbery is imprisonment of 20 years. While the Crimes Statistic Australia revealed that 72% of robbery charges result result in a full time custodial sentence, and therefore a prison term is likely, it is important to understand that the maximum penalty is typically reserved for serial offenders or those with a lengthy criminal history.
However, the Court also has the power to enforce other penalties upon consideration of personal circumstances and the nature of the offence. These penalties may include 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, the Police must prove that you did commit the crime as per section 95 of the Crimes Act 1900. Therefore, in order to be found guilty, the Police must prove beyond a reasonable doubt 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.
If you agree with the allegations made by the Police, you have the option to enter a guilty plea. If you choose to do so, you will likely proceed to sentencing in which one of the above penalties will be imposed.
However, it is important to understand that in NSW judgement guidelines are used for robbery related offences in order to provide consistency in sentencing. These guidelines state that a guilty plea may reduce the maximum sentence.
At Benjamin Leonardo – The Defenders our team of criminal defence lawyers have won numerous industry awards and hold a 90% success rate on the criminal and traffic offences we represent. If you or somebody else you know has been charged with aggravated robbery, it is advised to seek legal representation immediately.
Call our Sydney based criminal defence law firm now for a consultation and the most accurate advice in relation to your specific matter.
If you do not believe the allegations made against you, you have the option to plead not guilty. In this instance, the case will proceed to a trial in which the prosecution will present evidence to the Court in order to prove beyond a reasonable doubt that the offence was committed. If they are successful, you may be facing the penalties mentioned above.
However, as criminal defence lawyers, it is our job to negate the allegations made by the prosecution on your behalf. In order to do so, we thoroughly scrutinise the evidence provided by the prosecution and provide contradictory evidence that will dismiss these claims. Our expert criminal defence lawyers will then raise an appropriate defence strategy that may entirely dismiss the charges set against you, or provide a partial defence, in which the charges will be downgraded and less significant penalty will be imposed.
With a 90% success rate, our team is dedicated to achieving the best possible solution for all the cases we represent. If you, or someone you know is facing charges of aggravated robbery it is best to seek legal representation immediately.
Contact our Sydney based criminal defence law firm now for a confidential first consultation.
Duress: Our criminal defence lawyers can successfully argue the defence of duress if it can be established that the accused participated in a criminal activity as a result of being coerced by harmful threats. These threats typically take form as threats death or grievous bodily harm.
Necessity: Although typically difficult to prove, the defence of necessity can be argued by our criminal defence lawyers in situations where it is found that the accused only participated in an unlawful act to avoid imminent danger by either human or natural forces.
Self-Defence: May be argued by our criminal defence lawyers in situations where unlawful actions were only performed in order to defend confrontations and harm by an unjust aggressor. The accused may be aimed to defend themselves, another person or property in situations of self-defence.
Honest Claim of Right: Our expert criminal defence lawyers may be able to argue the defence of honest claim of right on if it can be established that the accused has a bona fide claim in which they believe they’re entitled to the property that was stolen. As the charge of aggravated robbery is a serious offence, the defence of honest claim of right may reduce the overall sentence rather than provide a complete defence.
Aggravated robbery is classified as an indictable offence and therefore the matter will be dealt with in the District or Supreme Courts. As a Sydney based criminal law firm, Benjamin Leonardo – The Defenders has extensive experience in representing a range of cases clients throughout various Courts in NSW including the District and Supreme Courts. Our clients can be confident that our criminal lawyers have profound experience to effectively handle your case, regardless of the Court it is heard in.
If you or someone you know is facing charges of aggravated robbery, call our expert team now for a consultation.