Armed Robbery

In New South Wales, it is an offence to rob a person or assault a person with intent to rob or steal any chattel, money, or valuable security from them, whilst being armed with an offensive weapon or in company of other people. The offence is known as Armed Robbery. The maximum penalty for this charge in NSW is 20 years imprisonment. 

There is also an aggravated version of this offence, when the person is armed with a dangerous weapon. The maximum penalty for this offence is 25 years imprisonment.

What is Armed Robbery?

The legislation describes the offence of Armed Robbery in Section 97 of the Crimes Act 1900 (NSW) which states:

1. 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.

(2) 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.

An offensive weapon could be anything – including an ordinary every day object, if it is brought out for an offensive use. 

A dangerous weapon is defined as a firearm, as per the definition of a firearm in the Firearms Act 1996, a prohibited weapon as defined by the Weapons Prohibition Act 1998, or a spear gun. 

The following acts might constitute Armed Robbery or Aggravated Armed Robbery:

• Threatening someone with a baseball bat and stealing their wallet; 
• Approaching a tobacconist with two friends and demanding they give you some cigarettes;
• Threatening a service station employee with a gun and demanding they give you all the money in the till;
• Whilst walking on the street with some friends, threatening a stranger with a knife and taking his mobile phone

What must be proven?

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

• That you with intent to steal;
• Took property belonging to another
• By the use of violence or by putting them in fear; and
• You were either armed with an offensive weapon or you were in company. 

To prove the aggravated version of the offence, the Prosecution would also need to prove:

• That the weapon was a dangerous weapon. 

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 to Armed Robbery

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

• Duress;
• Necessity;
• Self defence;

Common Questions about Armed 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 Armed 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.