At Chidiac & Associates, we provide experienced criminal defence representation to clients facing Armed Robbery charges throughout Sydney and New South Wales. We carefully examine the circumstances of the allegation, the evidence relied upon by the Prosecution and the precise elements of the offence charged.

What is Armed Robbery?

Armed Robbery is dealt with under section 97 of the Crimes Act 1900 (NSW).

Under section 97(1), a person commits the offence where, being armed with an offensive weapon or instrument, they:

• rob another person; or
• assault another person with the intention of robbing them.

The section also applies to certain allegations involving stopping a mail, vehicle, train or person conveying mail with the intention of robbing or searching them. However, the most common application of section 97 concerns allegations of robbery while armed with an offensive weapon or instrument.

The maximum penalty for an offence under section 97(1) is 20 years' imprisonment.

What is an Offensive Weapon or Instrument?

Whether an item constitutes an offensive weapon or instrument depends on the circumstances of the particular case and the applicable legal definitions.

An allegation of Armed Robbery may involve an item alleged to have been carried or used as a weapon or instrument during the incident.

The Prosecution evidence must be carefully examined to determine:

• whether the accused was armed with the alleged item;
• whether the item was present at the relevant time;
• whether the item falls within the relevant legal definition;
• whether the accused was aware of its presence; and
• whether the Prosecution can establish that the accused was armed as alleged.

The item does not necessarily need to have been used to cause injury for the Prosecution to allege an offence under section 97.

Elements of Armed Robbery

To establish an Armed Robbery charge under section 97(1), the Prosecution must prove the relevant elements beyond reasonable doubt.

1. The Accused Robbed Another Person or Assaulted Them With Intent to Rob

The Prosecution must establish that the accused either committed a robbery or assaulted another person with the intention of robbing them.

Robbery involves more than simply taking property. It involves stealing or attempting to steal in circumstances involving the use or threat of violence.

The precise circumstances in which property was allegedly taken, or in which the alleged assault occurred, are therefore important.

2. The Accused Was Armed

The Prosecution must establish that the accused was armed with an offensive weapon or instrument.

The Prosecution must prove the presence of the weapon or instrument as alleged.

Depending upon the circumstances, issues may arise concerning whether the accused personally possessed the item, whether they were aware of it or whether the item meets the relevant legal definition.

3. The Required Intent Existed

Where the Prosecution alleges that the accused assaulted another person with the intention of robbing them, it must establish the necessary intention to rob.

The accused person's state of mind and the circumstances surrounding the alleged incident may therefore be important.

The Prosecution bears the burden of proving the required intent beyond reasonable doubt.

What Are the Penalties for Armed Robbery?

The maximum penalty depends upon the particular subsection and circumstances of the offence.

Armed Robbery - Section 97(1)

Under section 97(1) of the Crimes Act 1900 (NSW), where a person commits the relevant offence while armed with an offensive weapon or instrument, the maximum penalty is:

20 years' imprisonment

Armed Robbery With a Dangerous Weapon - Section 97(2)

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

The maximum penalty for an offence under section 97(2) is:

25 years' imprisonment

The legislation also permits an alternative verdict under section 97(3). Where a person is tried for the section 97(2) offence and the jury is not satisfied that the accused was armed with a dangerous weapon, but is satisfied that the accused committed the section 97(1) offence, the jury may find the accused guilty of the latter offence.

A maximum penalty is the highest penalty available to the court. It does not mean that every person convicted of Armed Robbery will receive the maximum sentence.

The sentence imposed will depend upon the particular circumstances of the offence and the offender.

Relevant considerations may include:

• the nature of the alleged robbery;
• the type of weapon or instrument involved;
• whether the weapon was produced, displayed or used;
• whether threats were made;
• whether violence was used;
• whether anyone was injured;
• the value and nature of the property involved;
• whether the offending was planned;
• the role played by the offender;
• the offender's criminal history;
• whether a guilty plea was entered;
• the offender's personal circumstances; and
• prospects of rehabilitation.

Armed Robbery and Robbery

Armed Robbery is distinct from the general offence of Robbery under section 94 of the Crimes Act 1900 (NSW).

Robbery under section 94 carries a maximum penalty of 14 years' imprisonment.

The maximum penalty increases to 20 years' imprisonment under section 97(1) where the Prosecution establishes that the accused committed the relevant robbery offence while armed with an offensive weapon or instrument.

Where the offence is committed while armed with a dangerous weapon under section 97(2), the maximum penalty increases to 25 years' imprisonment.

The Prosecution must establish the additional element of being armed before a person can be convicted under section 97.

Armed Robbery With Wounding

Section 98 of the Crimes Act 1900 (NSW) deals with a further and more serious offence where a person, while armed with an offensive weapon or instrument or in company with another person, commits the relevant robbery offence and wounds or inflicts grievous bodily harm upon a person at the relevant time.

The maximum penalty for an offence under section 98 is 25 years' imprisonment.

The precise offence charged and the specific allegations made by the Prosecution are therefore critical when determining the potential maximum penalty.

Defending an Armed Robbery Charge

Being charged with Armed Robbery does not mean that you are guilty.

The Prosecution bears the burden of proving every element of the particular offence beyond reasonable doubt.

Depending upon the circumstances, issues that may arise in defending an Armed Robbery allegation include:

• the accused did not commit the alleged robbery;
• the accused did not take the property;
• the accused did not use or threaten violence as alleged;
• the accused did not assault the complainant with the intention of robbing them;
• the accused did not possess or carry the alleged weapon or instrument;
• the item does not meet the relevant legal definition;
• the accused was unaware of the item's presence;
• the alleged weapon or instrument was incorrectly identified;
• the accused has been incorrectly identified;
• CCTV or other footage does not support the Prosecution case;
• witness evidence is inconsistent or unreliable;
• the Prosecution cannot establish the required intention; or
• the Prosecution cannot prove every element of the offence beyond reasonable doubt.

The evidence concerning the alleged weapon or instrument should be carefully examined separately from the evidence concerning the alleged robbery itself.

Evidence in Armed Robbery Cases

Armed Robbery Prosecutions may involve a significant amount of evidence.

Depending upon the circumstances, the Prosecution may rely upon:

• CCTV footage;
• body-worn camera footage;
• complainant and witness statements;
• identification evidence;
• photographs;
• fingerprints;
• DNA evidence;
• forensic examination of the alleged weapon or instrument;
• mobile phone records;
• text messages and other communications;
• location data;
• recovered property; and
• admissions or statements allegedly made by the accused.

At Chidiac & Associates, we carefully examine the available evidence and assess whether it is capable of establishing each element of the offence.

Where identification is disputed, we consider the circumstances in which the accused was observed and the reliability of the identification evidence.

Where a weapon or instrument is alleged, we carefully examine the evidence concerning its existence, possession and alleged use.

Armed Robbery Investigations

An Armed Robbery matter may begin with a police investigation before a person is charged.

Police may seek to speak with a person, request that they attend a police station or seek to conduct an interview.

Being investigated does not necessarily mean that a person will ultimately be charged.

If you become aware that you are the subject of an Armed Robbery investigation, obtaining legal advice before participating in a police interview can be important.

Early advice can assist you in understanding the allegations, identifying relevant issues and making informed decisions about how to respond.

How We Can Help

Armed Robbery allegations require careful consideration of the Prosecution evidence, the underlying robbery allegation and the evidence concerning the alleged weapon or instrument.

At Chidiac & Associates, we provide:

• confidential advice about the allegations;
• representation during police investigations;
• advice concerning police interviews;
• advice and representation in relation to bail;
• detailed analysis of Prosecution evidence;
• review of CCTV, body-worn camera and other footage;
• assessment of witness and identification evidence;
• analysis of forensic evidence;
• representation at court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials;
• sentencing advice and representation; and
• strategic advocacy focused on protecting your rights and interests.

Our approach is built on thorough preparation, careful analysis and strong courtroom advocacy.