Aggravated Robbery

In New South Wales, Aggravated Robbery is a very serious offence which carries a maximum penalty of 20 years imprisonment.  A person can be charged with the offence if they commit an offence of robbery in circumstances whereby they use violence, inflict an injury or deprive a person of their liberty.

What is Aggravated Robbery?

he offence of Robbery in Circumstances of Aggravation is contained in section 95 Crimes Act 1900 (NSW) and states:

1. 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.
2. 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:
   1. The alleged offender uses corporal violence on any person,
   2. The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
   3. The alleged offender deprives any person of his or her liberty.

The following acts constitute Aggravated Robbery:

• Snatching a handbag from someone on the street and in the scuffle, you punch them in the face and resulting in a split lip;
• Locking your housemate in their bedroom and not letting them leave, whilst you raid their handbag and take money from it; 
• Tying a delivery man to a pole, threatening to bash him and stealing his parcels.

What must be proven?

For a person to be found guilty of Aggravated Robbery from a person the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You unlawfully took and carried away property, or intended to do so;
• The property was taken from another person or from under their control;
• The property was taken against the will of the other person, either by force or by putting the other person in fear;
• It was taken with the intention of permanently depriving the person of such property;
• The offence occurred in circumstances of aggravation. This includes:
  • You used corporal violence on any person; or
  • You intentionally or recklessly inflicted actual bodily harm on any person; or
  • You deprived any person of his or her liberty.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences for an Aggravated Robbery

The following defences may be available for an Aggravated Robbery charge:

• Duress;
• Necessity;
• Self defence;

Common Questions about Aggravated Robbery

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for an Aggravated Robbery charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for this offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

There is a very high risk of a Gaol sentence for these offences, the majority of people charged with these offences end up with a full time Gaol sentence. It is incredibly important that you get expert advice to assist you if you are facing these kinds of charges. There is a possibility, depending on the circumstances that a different sentence could be imposed, but it is important you get help.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.