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.
In NSW, a court can impose any of the following penalties for a robbery with wounding charge.
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Section 10A
- Conditional Release Order (CRO)
- Section 10
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 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 for 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 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:
Home Detention for a 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 corrections order for a 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 a 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 a 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 a 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 a robbery with wounding charge: When deciding the amount of a fine for a robbery with wounding charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. 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 a 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.