These allegations involve claims that a person committed, or assaulted another person with the intention of committing, a robbery while armed with an offensive weapon or instrument, or while in company with another person, and wounded or inflicted grievous bodily harm upon the person in connection with the alleged robbery.

At Chidiac & Associates, we provide experienced criminal defence representation to clients facing Armed Robbery Occasioning Wounding charges throughout Sydney and New South Wales. We carefully examine the circumstances of the allegation, the Prosecution evidence and each element required to establish the offence.

What is Armed Robbery Occasioning Wounding?

Armed Robbery Occasioning Wounding is dealt with under section 98 of the Crimes Act 1900 (NSW).

Under section 98, an offence is committed where a person:

• is armed with an offensive weapon or instrument, or is in company with another person;
• robs another person, or assaults another person with the intention of robbing them; and
• immediately before, at the time of, or immediately after the robbery or assault, wounds or inflicts grievous bodily harm upon that person.

The Prosecution must prove each of these elements beyond reasonable doubt.

Elements of Armed Robbery Occasioning Wounding

To establish an offence under section 98, the Prosecution must prove the following 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:

• robbed another person; or
• assaulted another person with the intention of robbing them.

A robbery involves more than simply taking property. The circumstances surrounding the alleged taking, including any alleged use or threat of violence, will be central to determining whether the Prosecution can establish the offence.

Where the Prosecution alleges an assault with intent to rob, it must establish that the accused had the necessary intention to commit a robbery.

2. The Accused Was Armed or in Company

The Prosecution must establish that, at the relevant time, the accused:

• was armed with an offensive weapon or instrument; or
• was in company with another person.

Where the allegation concerns an offensive weapon or instrument, the evidence may need to establish:

• what the item was;
• whether it was present at the relevant time;
• whether the accused was armed with it; and
• whether it meets the relevant legal definition.

Where the Prosecution relies upon the accused being in company, the circumstances surrounding the involvement of the other person or persons must also be carefully examined.

3. A Wound or Grievous Bodily Harm Was Inflicted

The Prosecution must establish that the person was:

• wounded; or
• inflicted with grievous bodily harm.

The nature of the injury and the medical and other evidence relied upon by the Prosecution may be important.

A wound or grievous bodily harm must be established in accordance with the applicable legal principles. The Prosecution must prove the injury alleged and the accused's responsibility for it.

4. The Wounding or Grievous Bodily Harm Occurred at the Relevant Time

The Prosecution must establish that the wounding or infliction of grievous bodily harm occurred:

• immediately before;
• at the time of; or
• immediately after

the alleged robbery or assault with intent to rob.

The connection between the alleged robbery and the injury is therefore a critical part of the Prosecution case.

What Are the Penalties for Armed Robbery Occasioning Wounding?

Under section 98 of the Crimes Act 1900 (NSW), the maximum penalty for Robbery with Arms etc and Wounding is:

25 years' imprisonment

This is the maximum penalty available to the court. It does not mean that every person convicted of the offence will receive a sentence of 25 years' imprisonment.

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

Relevant sentencing considerations may include:

• the nature and circumstances of the robbery;
• the type of weapon or instrument involved;
• whether the weapon was produced, displayed or used;
• the nature of the wound or grievous bodily harm;
• the extent and consequences of any injuries;
• the degree of violence used;
• whether the offending was planned;
• the role played by the offender;
• whether other people were involved;
• the value and nature of any property taken;
• the offender's criminal history;
• whether a guilty plea was entered;
• the offender's personal circumstances; and
• prospects of rehabilitation.

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What is the Difference Between Armed Robbery and Armed Robbery Occasioning Wounding?

The distinction between these offences is significant.

Under section 97(1) of the Crimes Act 1900 (NSW), 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 98 carries a higher maximum penalty of 25 years' imprisonment because the Prosecution must additionally establish that the accused wounded or inflicted grievous bodily harm upon the person at the relevant time.

The Prosecution must therefore prove not only the underlying robbery-related conduct and the relevant armed or company circumstance, but also the additional element of wounding or grievous bodily harm.

Defending an Armed Robbery Occasioning Wounding Charge

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

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

Depending upon the circumstances, issues that may arise in defending the charge include:

• the accused did not commit the alleged robbery;
• the accused did not assault the person with the intention of robbing them;
• the accused was not armed with the alleged weapon or instrument;
• the alleged item does not meet the relevant legal definition;
• the accused was not in company as alleged;
• the alleged wound did not occur;
• the injury does not amount to a wound or grievous bodily harm;
• the Prosecution cannot establish that the accused caused the injury;
• the injury occurred independently of the alleged robbery;
• the injury did not occur at the relevant time required by the legislation;
• the accused has been incorrectly identified;
• CCTV or other footage does not support the Prosecution case;
• witness evidence is inconsistent or unreliable; or
• the Prosecution cannot establish every element of the offence beyond reasonable doubt.

The underlying robbery allegation, the allegation concerning the weapon or company circumstance and the evidence concerning the alleged injury must each be carefully examined.

Evidence in Armed Robbery Occasioning Wounding Cases

These matters can involve a significant amount of Prosecution evidence.

Depending on the circumstances, the evidence may include:

• CCTV footage;
• body-worn camera footage;
• complainant and witness statements;
• identification evidence;
• photographs of the scene or alleged injuries;
• medical records;
• expert medical evidence;
• forensic evidence;
• DNA evidence;
• fingerprints;
• evidence concerning an 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 evidence relied upon by the Prosecution and assess whether it is capable of establishing each element of the offence.

Where an injury is alleged, we examine the available medical and other evidence concerning its nature, cause and timing. Where identification is disputed, we carefully assess the circumstances in which the alleged identification was made and the reliability of that evidence.

Armed Robbery Occasioning Wounding Investigations

A matter may begin with a police investigation before a charge is laid.

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 investigation involving allegations of Armed Robbery Occasioning Wounding, obtaining legal advice before participating in a police interview can be important.

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

How We Can Help

An Armed Robbery Occasioning Wounding allegation requires careful analysis of the underlying robbery allegation, the alleged armed or company circumstance and the evidence concerning the alleged injury.

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 medical and forensic evidence;
• examination of evidence concerning alleged weapons or instruments;
• representation at court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

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