Armed Robbery with Wounding

In New South Wales, if there is an injury to the victim which amounts to wounding or grievous bodily harm, as a consequence of an armed robbery, it is an offence known as Armed Robbery with Wounding. The maximum penalty for this charge in NSW is 25 years imprisonment. 

What is Armed Robbery with Wounding?

The legislation describes the offence of Armed Robbery with Wounding in Section 97 of the Crimes Act 1900 (NSW) which 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.

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

“Wounds” is an injury involving the breaking or cutting of the interior layer of the skin (dermis).

“Grievous bodily harm” includes any permanent or serious disfiguring of the person. Grievous bodily harm requires that the injury be a really serious one, but does not require that the injury be permanent or that the consequences of the injury are long lasting or life threatening.

The following acts might constitute Armed Robbery with Wounding:

• Punching someone with knuckledusters on, cutting their head open and stealing their wallet;
• 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.
• Whilst walking on the street with some friends, threatening a stranger with a knife and taking his mobile phone, and during the scuffle with the victim he sustains a small cut on his hand.

What Must be Proven?

For a person to be found guilty of Armed Robbery with Wounding 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; 
• You were either armed with an offensive weapon or you were in company; and
• immediately before, or at the time of or immediately after that robbery, you wounded  or inflicted grievous bodily harm upon the victim.

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 with Wounding

The following defences may be available for a Armed Robbery with Wounding charge:

• Duress;
• Necessity;
• Self defence;
• That the injury doesn’t amount to wounding or grievous bodily harm.

Common Questions about Armed Robbery with Wounding

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 with Wounding 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.