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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 more serious offence if you steal something from someone and you wound the person in the process. A wound or wounding means doing something to hurt someone that causes a break in the skin. This offence is called ‘Robbery with Wounding’.

A person can be charged with this offence if they commit the offence of Robbery, i.e. if 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 Robbery with Wounding

The offence of Robbery with Wounding is contained in s 96 of the Crimes Act 1900 (NSW) and states:

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.

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 Robbery with Wounding?

Examples of Robbery with Wounding include:

  • Stabbing someone and stealing their wallet;
  • Entering a jewellery store, producing a gun and shooting the store owner before smashing the cabinet and grabbing four diamond rings;
  • Walking up a flight of stairs and ripping a man’s bag from him while pushing him down the stairs. This causes him to break his arm so badly that the bone punctures through the skin; or
  • Following a man who has just taken cash out of an ATM, punching him and splitting his head open before stealing the cash from him.

What the Police Must Prove

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

  • 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 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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