What is the offence of Armed robbery/in company with wounding or grievous bodily harm?
The offence of Armed robbery/in company with wounding or grievous bodily harm is found at section 98 of the Crimes Act 1900.
If you are charged with the offence of Armed robbery/in company with wounding or grievous bodily harm, your options will normally be to plead guilty or not guilty.
Pleading not guilty
You will be found not guilty of the offence of Armed robbery/in company with wounding or grievous bodily harm if the police cannot prove beyond reasonable doubt:
- 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; and
- You were armed with an offensive/dangerous weapon.
- You immediately before, or at the time of or immediately after that robbery wounded or inflicted grievous bodily harm upon the victim.
What are the defences to Armed robbery/in company with wounding or grievous bodily harm?
If the police are able to prove the above elements beyond reasonable doubt, you will still be found not guilty if a defence can be established.
Claim of Right is a defence to a Robbery charge. A person will have a claim of right where they possess a genuine belief that they have a bona fide claim of right to certain money or property taken. If you believed you were entitled to take the property, it does not matter that you did not believe you were entitled to take it in the manner you did and a robbery charge will fail because you cannot steal your own property. Read more about claim of right, here.
Other defences to Robbery include:
Contact our offices in Sydney, Parramatta, Blacktown or Redfern to organise a time for one of our criminal lawyers to advise you of your prospects of successfully defending the charge of Armed robbery/in company with wounding or grievous bodily harm.
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Armed robbery/in company with wounding or grievous bodily harm carries a maximum penalty of 25 years imprisonment. However, this penalty is typically reserved for the worst offenders. Armed robbery/in company with wounding or grievous bodily harm is an extremely serious criminal offence and has a standard non parole period. If you are charged with Armed robbery/in company with wounding or grievous bodily harm you should contact our office immediately.
Penalties that a court can impose in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Full time imprisonment
Why choose AC Law Group?
Our solicitors are experts at obtaining the best outcome possible for Robbery offences. For these offences, a good lawyer can be the difference between freedom or gaol. To read more about AC Law Group, click here.
To discuss your Robbery charge, call AC Law Group at our Sydney, Parramatta, Blacktown and Redfern offices or make a website inquiry today.
Mr Correy represented an Accused person charged with Aggravated Robbery. The Accused man admitted to the police that he had both been in a fight with the victim and also had taken his wallet. Mr Correy represented to the DPP that the fight had occurred without any intention to rob and the wallet had fallen from the victim’s pocket during the fight. Mr Correy represented that the taking of the wallet occurred following the fight and the threat of violence and taking did not coincide. The DPP agreed and laid charges of assault and steal from person resulting in the offences staying in the Local Court. The Accused person plead guilty and received section 9 bonds.
Our solicitor appeared in trial for an Accused charged with Inflicting grievous bodily harm with intent and Assault with intent to rob. The prosecution witnesses were cross examined to establish that the Accused could not be identified as having been involved in the robbery and it could not be established his role in the brawl that subsequently broke out included use or knowledge of a knife used to stab the victim. It was argument any involvement he had was in self-defence. The jury subsequently found the Accused not guilty of all charges.
AC Law Group represented a person charged with robbery in company inflicting grievous bodily harm and intentionally inflict grievous bodily harm, both offences which carry a maximum penalty of 25 years imprisonment. He had a substantial criminal record and was facing many years in gaol if sentenced for those charges. The Crown prosecutor was convinced to accept a plea of guilty to recklessly inflicting grievous bodily harm and the client received a 2 year sentence with a 12 month non-parole period.