Armed Robbery Result in Wounding
As per section 98 of the Crimes Act 1900 (NSW), robbery with wounding is a criminal offence attracting significant penalties. In fact, the Crimes Act explicitly states that “whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds or inflicts grievous bodily harm upon, such person shall be liable” to penalties imposed by the Court.
Section 98 of the Crimes Act 1900 (NSW) states that any person who is guilty of armed robbery result in wounding is liable to a maximum of imprisonment for 25 years. In fact, Crimes Statistics Australia reveals that 72% of robbery charges result in full time custodial sentences. However, it is also important to know that Judges in the NSW Court system are directed by judgement guidelines determine how robbery offences should be sentenced. The guidelines that apply to armed robbery offences include:
- Young offender with no or little criminal history
- Weapon like a knife, capable of killing or inflicting serious injury
- Limited degree of planning
- Limited, if any, actual violence but a real threat thereof
- Victim in a vulnerable position such as a shopkeeper or taxi driver
- Small amount taken
- Plea of guilty, the significance of which is limited by a strong Crown case.
The circumstances may result in reduced sentences of only 4 and 5 years in gaol or another full time custodial sentence. Aggravated offences that are deemed more serious than these guidelines will generally result in higher penalties, while lesser offences may result in further reduced sentence.
The Court may also use their discretion based on an assessment of the accused’s past criminal history and circumstances surrounding the offence to enforce alternative, however less serious penalties. The Court may impose good behaviour bonds, intensive correction orders, community service or enforce that a fine be paid.
Evidently, penalties are enforced on a case by case basis. It is best to speak to our Sydney based criminal defence lawyers for more accurate penalties related to armed robbery, should you be facing such a charge.
In order to be found guilty of armed robbery result in would, the prosecution must prove beyond a reasonable doubt that you did commit the crime as per section 98 of the Crimes Act 1900. Therefore, they must prove that:
- That you were armed with an offensive or dangerous weapon as outlined in the Crimes Act
- That you had the intention to steal something from another person
- That you in fact threatened to use force on another individual
- That you did in fact assault or cause grievous bodily harm to another individual
- And that you did take property or money from the victim
If you do agree with the allegations made against you, you will have the opportunity to plead guilty if you wish. In this instance, your case will proceed to sentencing where it is likely you will face any of penalties mentioned above. However as stipulated in the judgement guidelines, a guilty plea may result in a more favourable sentence than being found guilty otherwise.
If you or somebody you know has been charged with armed robbery result in wounding, it is advised to contact an experienced criminal defence lawyer immediately. As some of Sydney’s best criminal lawyers with success in defending similar cases, call us for a consultation for the most accurate and appropriate advice.
Alternatively, you can choose to plead not guilty to the allegations made against you. In this instance, a brief of evidence that will be used by the prosecution will be served and examined by our expert criminal defence lawyers. Through proper examination of the evidence, our lawyers can determine the best course of action to properly defend your case. If the evidence used against you is strong, it is possible that you will be found guilty and the above penalties will be enforced.
For your best chance to avoid potentially significant penalties, it is advised to seek representation from our expert criminal defence law firm based in Sydney. Our criminal defence solicitors will then negate the allegations by using a relevant defence strategy. If we are successful, the Court may completely dismiss the charges. In other instances, the defence strategies may only provide a partial defence. In this case a less serious sentence will be enforced or the charges will downgraded which is much more favourable in comparison to the maximum penalty.
Regardless, as an award winning criminal law firm, we are dedicated to providing our clients with the best possible outcome. If you are facing charges relating to robbery, contact Benjamin Leonardo – The Defenders for a consultation.
Necessity: Although difficult to prove, a person accused of armed robbery may have a possible defence of necessity if our criminal defence lawyers can successfully argue that the accused was acting in fear of irreparable harm from natural or human forces. Our criminal law team must prove that the accused feared they were in serious danger of being harmed or even killed. The situation must also have been urgent, and the accused would have to holistically believe that if they didn’t participate in the criminal offence, that their life would have been in danger. Therefore, the crime of maliciously damaging property must be in proportion to the threat of imminent danger that could have not been solved otherwise. For example, a famous case where a group of men resulted to cannibalism after being shipwrecked successfully argued the necessity claim, in which a charge of murder only resulted in 6 months in gaol.
Self-Defence: The Court may recognise that the accused isn’t responsible for the offence of robbery because they were defending themselves, or another person against an unjust aggressor.
Duress: If it can be established that harmful threats such as death or grievous bodily harm was made against you, the defence of duress may be appropriate. This defence argues that the accused was coerced to participate in criminal activities as a result of harmful threats, and that if they did not participate in the act, the threats would have taken place.
Honest Claim of Right: Involves situations where the accused has a bona fide claim in which they believe they’re entitled to the property that was stolen. In the charge of armed robbery with wounding, the defence of honest claim of right may reduce the overall sentence rather than provide a complete defence.
Armed robbery result in wounding is perceived as a very serious criminal offence in the NSW judiciary system. As a result, armed robbery is defined an indictable offence and therefore the matter will be dealt with in the District or Supreme Courts.
At Benjamin Leonardo – The Defenders, we are highly qualified criminal defence lawyers and have significant expertise in representing a variety of criminal cases. As a result of our experience, we are highly proficient in representing clients at Local, District and Supreme Courts in NSW in which we have obtained a 90% success rate. Should you be facing robbery charges, you can have full confidence that that our criminal defence lawyers are expertly dedicated, committed and proficient to handle your case regardless of the particular Court the matter is heard at. For a consultation, please contact our Sydney based criminal lawyers now.