If you have been charged under Section 96 of the Crimes Act 1900 (NSW), it is important to obtain experienced Criminal defence advice as soon as possible.

Our Criminal defence lawyers represent people facing serious robbery, violence and indictable offence charges. We examine the Prosecution evidence carefully, identify potential weaknesses and develop a defence strategy based on the particular circumstances of your case.

What Is Aggravated Robbery Occasioning Wounding?

Section 96 of the Crimes Act 1900 (NSW) is headed “Same (robbery) with wounding.”

The section provides that a person who commits an offence under section 95 and thereby wounds or inflicts grievous bodily harm on any person is liable to imprisonment for 25 years.

Section 95 concerns robbery, assault with intent to rob, or stealing from the person in circumstances of aggravation.

Circumstances of aggravation include circumstances in which, immediately before, during or immediately after the robbery, assault or stealing:

• 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.

Where the Prosecution alleges that the conduct also resulted in a person being wounded or suffering grievous bodily harm, the more serious offence under s 96 may apply.

Maximum Penalty

The maximum penalty for an offence under s 96 of the Crimes Act 1900 (NSW) is: 25 years' imprisonment

This is the statutory maximum penalty. It does not mean that every person convicted of the offence will receive a 25-year sentence.

The sentence imposed in an individual case depends on the particular circumstances, including the seriousness of the offending, the nature of the injury, the offender's role and circumstances, Criminal history, plea and other matters relevant to sentencing.

What Must the Prosecution Prove?

The precise issues will depend upon the allegations and evidence in the particular case.

Broadly, a Prosecution under s 96 involves establishing the underlying offence under s 95, together with the allegation that the conduct resulted in the relevant injury.

The Prosecution may need to establish matters including:

• That a robbery, assault with intent to rob, or relevant stealing occurred;
• That the accused was involved in the alleged conduct;
• That the circumstances amounted to circumstances of aggravation;
• That the accused's conduct resulted in a person being wounded or suffering grievous bodily harm; and
• The other elements required by the particular offence charged.

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

What Does "Wounding" Mean?

The distinction between wounding, actual bodily harm and grievous bodily harm can be legally important.

A wound is a specific legal concept and is not necessarily the same thing as a serious or permanent injury.

The precise medical evidence, circumstances of the injury and applicable legal principles should therefore be carefully examined in any case involving an allegation of wounding.

Where grievous bodily harm is alleged, the nature and severity of the injury will also be important.

The Importance of the Medical Evidence

Medical evidence can be particularly important in an aggravated robbery occasioning wounding matter.

Our lawyers can examine:

• Medical records;
• Hospital records;
• Photographs of injuries;
• Medical reports;
• Evidence concerning the cause of the injury;
• The timing of the injury; and
• Whether the alleged injury is consistent with the Prosecution's account.

The Prosecution must establish the relevant injury allegation in accordance with the requirements of the offence.

Common Defence Issues

Every aggravated robbery case is different. Depending on the evidence, important issues may include:

Identification

Was the accused correctly identified as the person involved?

Identification evidence may be challenged where the incident occurred quickly, lighting was poor, the offender's face was concealed or witnesses were under significant stress.

CCTV Evidence

Security footage can be critical in robbery cases.

Our lawyers can examine CCTV footage to determine whether it supports the Prosecution's version of events and whether it provides evidence concerning the identity, actions or involvement of the accused.

Witness Evidence

Witness accounts can sometimes differ substantially from one another or from earlier statements.

We examine the reliability and consistency of witness evidence and consider whether there are discrepancies that may be relevant to the defence.

The Alleged Injury

The Prosecution's evidence concerning the alleged wound or grievous bodily harm should be carefully examined.

Questions may arise concerning how the injury occurred, who caused it, when it occurred and whether the evidence establishes the necessary connection between the alleged conduct and the injury.

Causation

Where the Prosecution alleges that the accused's conduct caused the injury, the evidence concerning causation can be critical.

The Prosecution must establish the necessary connection between the accused's conduct and the relevant injury.

Role of the Accused

Where several people are alleged to have been involved, the Prosecution case concerning the individual role of each accused person should be carefully examined.

Being present at an incident does not necessarily establish every element of the offence charged.

Intention and Knowledge

The accused's alleged state of mind may also be relevant, depending on the precise offence and circumstances.

Our lawyers will examine the evidence concerning what the accused allegedly knew, intended or did.

Related Robbery Offences

Aggravated robbery occasioning wounding should not be confused with other robbery offences under the Crimes Act 1900 (NSW).

For example:

Section 95 — Robbery in circumstances of aggravation

Maximum penalty: 20 years' imprisonment.

Section 96 — Robbery with wounding

Maximum penalty: 25 years' imprisonment.

Section 97(1) — Robbery while armed or in company

Maximum penalty: 20 years' imprisonment.

Section 97(2) — Aggravated robbery while armed with a dangerous weapon

Maximum penalty: 25 years' imprisonment.

Section 98 — Robbery with arms or in company and wounding

Maximum penalty: 25 years' imprisonment.

The precise offence charged is extremely important because the elements of the offence and applicable sentencing provisions can differ.

What Happens If You Are Convicted?

A conviction for an offence under s 96 can result in a substantial custodial sentence.

However, the 25-year maximum is not an automatic sentence.

The sentencing court considers the circumstances of the particular offence and offender. Factors that may be relevant include:

• The objective seriousness of the offending;
• The nature and extent of the injury;
• Whether a weapon was involved;
• The level of violence alleged;
• The offender's role;
• Whether the offence involved multiple participants;
• The offender's Criminal history;
• Whether there was an early plea of guilty;
• Personal circumstances;
• Prospects of rehabilitation; and
• Other matters recognised by sentencing law.

A person facing such a charge should obtain advice about the specific sentencing exposure in their individual circumstances.

How Our Criminal Defence Lawyers Can Help

Our experienced Criminal defence lawyers can assist with:

• Examining the charge and indictment;
• Reviewing the Prosecution brief;
• Analysing CCTV and other digital evidence;
• Assessing identification evidence;
• Examining witness statements;
• Reviewing medical and forensic evidence;
• Investigating the alleged wound or injury;
• Assessing causation issues;
• Examining the alleged role of the accused;
• Advising about available defences;
• Negotiating with the Prosecution where appropriate;
• Preparing the matter for a defended hearing or trial; and
• Preparing sentencing submissions where appropriate.

Don't Assume You Will Be Convicted

Being charged with aggravated robbery occasioning wounding does not mean that you will be convicted.

The Prosecution bears the burden of proving its case beyond reasonable doubt. The evidence should be carefully examined before decisions are made about how your matter should proceed.

There may be issues concerning identification, the alleged robbery, participation, the circumstances of aggravation, the alleged injury, causation or other elements of the Prosecution case.