If you have been charged with aggravated robbery in New South Wales, obtaining experienced criminal Defence advice at an early stage is important.

Our criminal Defence lawyers represent clients facing serious robbery and violent offence charges throughout NSW. We examine the Prosecution evidence, identify weaknesses in the case and develop a Defence strategy tailored to the circumstances of each matter.

What Is Aggravated Robbery in NSW?

The term "aggravated robbery" can refer to different offences depending on the circumstances alleged.

Under the Crimes Act 1900 (NSW), section 95 concerns robbery, assault with intent to rob, or stealing from a person in "circumstances of aggravation".

Section 95 provides that circumstances of aggravation include circumstances in which, immediately before, during or immediately after the alleged robbery or related conduct:

• The alleged offender uses corporal violence against a person;
• The alleged offender intentionally or recklessly inflicts actual bodily harm on a person; or
• The alleged offender deprives a person of their liberty.

A person convicted under s 95 is liable to a maximum penalty of 20 years' imprisonment.

Other serious robbery offences may attract a maximum penalty of 25 years' imprisonment.

Robbery Involving a Dangerous Weapon

Section 97 of the Crimes Act 1900 (NSW) deals with robbery or assault with intent to rob where the accused is armed or is in the company of another person.

Under s 97(1), robbery while armed with an offensive weapon or instrument, or while in company with another person, carries a maximum penalty of 20 years' imprisonment.

Section 97(2) creates an aggravated offence where the person commits the s 97(1) offence while armed with a dangerous weapon.

The maximum penalty under s 97(2) is 25 years' imprisonment.

Robbery Involving Wounding or Grievous Bodily Harm

Where a robbery involves serious physical injury, the potential penalty can also be particularly severe.

Under s 96 of the Crimes Act 1900 (NSW), a person who commits an offence under s 95 and thereby wounds or inflicts grievous bodily harm on another person is liable to a maximum of 25 years' imprisonment.

Section 98 also applies to certain robbery offences involving an offensive weapon or instrument, or being in company with another person, where the alleged offender wounds or inflicts grievous bodily harm on the victim immediately before, during or immediately after the robbery or attempted robbery. The maximum penalty is 25 years' imprisonment.

Relevant NSW Legislation

The principal legislation governing robbery offences in NSW is the Crimes Act 1900 (NSW).

Key provisions include:

What Must the Prosecution Prove?

The precise elements depend on the particular section charged.

Depending on the allegation, the Prosecution may need to establish matters including:

• That a robbery or attempted robbery occurred;
• That property was taken, or an attempt was made to take property;
• That the accused was involved in the alleged conduct;
• That the accused had the necessary criminal intention;
• That force, violence, threats or other relevant circumstances were involved;
• That an alleged weapon or instrument falls within the relevant statutory definition;
• That the accused was armed with the relevant weapon, where applicable;
• That the accused was acting in company with another person, where alleged; and
• That the relevant injury or aggravating circumstance occurred.

The Prosecution bears the burden of proving its case beyond reasonable doubt.

Common Issues in Aggravated Robbery Cases

An aggravated robbery allegation does not automatically mean that the Prosecution case is strong.

Our lawyers carefully examine the evidence and may investigate issues such as:

Identification Evidence

Was the accused correctly identified as the person involved?

Identification evidence can be particularly important where the incident occurred quickly, the offender's face was concealed, lighting was poor or witnesses were under stress.

CCTV and Digital Evidence

Security cameras, mobile phone evidence, GPS information and other digital evidence may provide important evidence about what occurred and who was present.

We can assess whether the available footage and digital evidence supports or contradicts the Prosecution's allegations.

Witness Accounts

Witness statements may contain inconsistencies or discrepancies.

We examine what witnesses said at different stages and consider whether their evidence is reliable and consistent with the other available evidence.

Alleged Weapon

Where the Prosecution alleges that a dangerous weapon or offensive weapon was involved, the precise nature of the alleged weapon and the circumstances in which it was allegedly used or possessed may be important.

Role of Each Accused

Where multiple people are alleged to have participated in a robbery, it is important to distinguish the alleged conduct and level of participation of each person.

The Prosecution must establish the relevant legal basis for holding an individual responsible for the particular offence charged.

Injury Allegations

Where the Prosecution relies upon an allegation that a person was wounded or suffered actual bodily harm or grievous bodily harm, medical and other evidence may be relevant.

The nature, timing and cause of an alleged injury can be important issues in the case.

What Are the Possible Consequences?

A conviction for aggravated robbery can have serious consequences.

Depending on the offence and circumstances, the court may impose a substantial term of imprisonment.

Other consequences can include:

• A permanent criminal record;
• Difficulties obtaining or maintaining employment;
• Problems with professional registration or licensing;
• Restrictions affecting travel;
• Significant financial consequences; and
• Long-term personal and reputational consequences.

The maximum statutory penalty is not necessarily the sentence that will be imposed. Sentencing depends on the specific offence, objective seriousness, the offender's circumstances, criminal history, plea and other relevant factors.

How Our Criminal Defence Lawyers Can Help

If you have been charged with aggravated robbery, our lawyers can assist with:

• Reviewing the charge and Prosecution allegations;
• Examining the brief of evidence;
• Assessing identification and CCTV evidence;
• Investigating witness accounts;
• Examining allegations involving weapons;
• Assessing your alleged role in the incident;
• Advising about potential Defences;
• Representing you in Local, District or higher courts where appropriate;
• Negotiating with the Prosecution where appropriate;
• Preparing your matter for hearing or trial; and
• Preparing sentencing submissions where a plea of guilty is entered.

Don't Face an Aggravated Robbery Charge Alone

Aggravated robbery is among the more serious criminal allegations that can come before the NSW courts.

However, being charged is not the same as being convicted. The Prosecution must prove the offence charged, and the evidence should be carefully examined before any decision is made about how your matter should proceed.

Early legal advice can be important.

If you or someone close to you has been charged with aggravated robbery, contact our experienced NSW Criminal Defence lawyers for confidential advice about your circumstances.

Speak With a Criminal Defence Lawyer Today

Facing an aggravated robbery charge?

Our criminal Defence lawyers can assess your allegations, explain your legal options and advise you about the next steps.

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