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Armed robbery with wounding

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

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.

In NSW, a court can impose any of the following penalties for an armed robbery with wounding charge.

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 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 FOR ARMED ROBBERY WITH WOUNDING:

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
  • To raise necessity, duress or self-defence as the reason for your conduct.

WHICH COURT WILL HEAR YOUR MATTER?

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


Types of penalties:

Jail for an armed robbery with wounding charge: This is the most serious penalty for the charge of armed robbery with wounding and involves full time detention in a correctional facility. Read more.

Home Detention for an armed robbery with wounding charge: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive correction order for an armed robbery with wounding charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended sentence for an armed robbery with wounding charge: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community service order for an armed robbery with wounding charge. (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good behaviour bond for an armed robbery with wounding charge: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines for an armed robbery with wounding charge: When deciding the amount of a fine for a armed robbery with wounding charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 for an armed robbery with wounding charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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