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Robbery with Wounding

Robbery with Wounding Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in robbery related offences)

The Law - Robbery with Wounding - Law – Lawyer / Solicitor Article

Section 96 of the Crimes Act states:

96 Whosoever commits any offence under section 95, and thereby wounds or inflicts grievous bodily harm on any person, shall be liable to imprisonment for 25 years.


Maximum Penalty - Robbery with Wounding - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Robbery with wounding is 25 years imprisonment.

What the Police must prove - Robbery with Wounding - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused unlawfully took and carried away property of some value.
  2. It was taken from another person, or in his/her presence, or from under his/her immediate and personal care and protection.
  3. It was taken against the will of the other person.
  4. It was taken either by force or by putting the other person in fear.
  5.  It was taken with the intention of permanently depriving the person of such property.
  6. The offence occurred in circumstances of aggravation.
  7. The accused either inflicted a wound or grievous bodily harm.

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 - Robbery with Wounding - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Self Defence
  4. Intoxication


What court is likely to hear the matter - Lawyer / Solicitor Article

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.


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