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Armed Robbery with Wounding

In NSW it is an offence to steal something from someone by threatening them or using physical force to take the item. The offence is known as ‘robbery’. It is a much more serious offence if you arm yourself with a weapon in order to commit the robbery and you ‘wound’ the person in the process. This offence is called ‘Armed Robbery with Wounding’. A wound is any injury that involves a break in the skin.

A person can be charged with this offence if they have a weapon while they steal something from someone using physical force and if they cause them an injury which results in a break in the skin, such as a cut, puncture or gash.

The maximum penalty for this offence is 25 years imprisonment.

The Offence of Armed Robbery with Wounding

The offence of Armed Robbery with Wounding is contained in s 98 of the Crimes Act 1900 (NSW) and 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, 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 imprisonment for 25 years.

The offence of Robbery is contained in s 95 of the Crimes Act 1900 (NSW) and states:

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.

What Actions Might Constitute Armed Robbery with Wounding?

Examples of Armed Robbery with Wounding include:

  • Punching someone with knuckledusters on, cutting their head open and stealing their wallet;
  • Entering a convenience store, producing a gun and shooting the store owner before making off with the cash form the till; and
  • Grabbing an old man’s walking stick before hitting him with it, causing him to fall over and sustain multiple cuts and lacerations in order to steal his groceries.

What the Police Must Prove

To convict you of Armed Robbery with Wounding the prosecution must prove each of the following matters beyond a reasonable doubt:

  • That you were armed with an offensive weapon;
  • That you intended to steal something from someone;
  • That you threatened to used force on the person;
  • That you wounded the person; and
  • That you took something from the person.

Possible Defences

The most common ways to defend this charge are:

  • To maintain your innocence if you did not commit the act;
  • To argue that you were not armed with an offensive weapon;
  • To argue that you did not intend to steal the item;
  • To argue that you did not threaten or use force on the person;
  • To argue that you did not take or steal anything from the person;
  • To argue that the item was yours and you had a claim of right over it; or

Which Court Will Hear Your Matter?

The offence is strictly indictable and can only be finalised in the District or Supreme Court.

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

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