You Choose
You Selected
Learn About
Aggravated Armed Robbery
The Law
Section 97 of the Crimes Act states:
- 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, or stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same, shall be liable to imprisonment for twenty years.
- Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) when armed with a dangerous weapon. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
- Alternative verdict If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
Maximum penalty
The Maximum penalty for the offence of Robbery, or stopping a mail, being armed or in company is 25 years imprisonment.
What the police must prove
In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused was armed with a dangerous weapon.
- The accused robbed, or assaulted with intent to rob, another person, or stopped any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same.
It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Possible defences
Possible defences to this offence include but are not limited to
What court is likely to hear the matter
This matter is strictly indictable which means that it can only be finalised in the District Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
