Armed Robbery

Best Armed Robbery Lawyers

Our specialist Armed Robbery lawyers have significant experience in fighting these charges.

Our strategic approach has seen countless clients found ‘not guilty’ as well as many avoid jail sentences when they plead guilty. There are often significant jail sentences for these charges.

As such, it is important to obtain advice and representation from an experienced criminal lawyer early on. We have obtained bail for hundreds of clients when they have been charged with serious robbery offences.

Contact us now to speak to our accredited specialist criminal lawyer who can immediately begin preparing your defence.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Armed Robbery?

  Section 97 of the Crimes Act 1900 (NSW) sets out the definition of armed robbery as the use of an offensive weapon to steal property from another person.

  This is a strictly indictable offence, which means that it must be finalised in the District Court.

   

  How Do You Beat an Armed Robbery Charge?

  You can fight an Armed Robbery charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You took property from the alleged victim; and
  2. You had the intention of stealing; and
  3. You used violence or threatened violence to obtain the property; and
  4. You were armed with an offensive weapon.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences.

   

  What is Armed Robbery with Wounding?

  Under Section 98 of the Crimes Act (NSW), the definition of armed robbery with wounding is the use of an offensive weapon to steal property from another person and cause wounding to that person.

   

  How Do You Beat an Armed Robbery with Wounding Charge?

  You can fight an Armed Robbery with Wounding charge in two ways. Firstly, the prosecution must prove beyond reasonable doubt:

  1. You took property from the alleged victim; and
  2. You had the intention of stealing; and
  3. You used violence or threatened violence to obtain the property;
  4. You were armed with an offensive weapon;
  5. You wounded (ie. broke or cut the interior layer (dermis) and outer layer (epidermis) of the skin) or inflicted grievous bodily harm (ie. really serious injury) on the alleged victim.

   

  If any of these elements are not made out, then you can be found ‘not guilty’.

  Secondly, you can rely on one of the defences. 

   

  What is an Offensive Weapon?

  An offensive weapon is defined in s4 of the Crimes Act 1900 as:

  • a dangerous weapon, or
  • any thing that is made or adapted for offensive purposes, or
  • any thing that, is used, intended for use or threatened to be used for offensive purposes, regardless of whether it is ordinarily used for offensive purposes or capable of causing harm.

  What is a Dangerous Weapon?

  A dangerous weapon is defined in s4 of the Crimes Act 1900 as:

  • a firearm, or an imitation firearm, within the meaning of the Firearms Act1996, or
  • a prohibited weapon within the meaning of the Weapons Prohibition Act1998, or
  • a spear gun.

  What is Stealing?

  See our page on larceny.

   

  What are the Defences to Armed Robbery?

  The following defences apply to Armed Robbery cases:

  1. Identification: The prosecution cannot prove you were responsible for the robbery. If your DNA or fingerprints were found at the scene, we can instruct our team of DNA and fingerprint experts to cast doubt on the prosecution evidence.
  2. Claim of right: If you held an honest belief that the property taken was yours or you were entitled to it.
  3. If the prosecution cannot prove that you used or threatened the use of violence
  4. If charged with Armed Robbery: the prosecution cannot prove that you used an offensive weapon
  5. If charged with ‘Armed Robbery with Wounding’: the prosecution cannot prove that you caused wounding or grievous bodily harm
  6. Duress: You were forced to commit the offence
  7. Necessity: You needed to commit the offence

   

  Our team have years of experience in these cases. We can quickly assess whether you have any defences open to you and begin preparing to represent you in Court.

  Contact us now to speak our accredited specialist criminal lawyer.

• PLEADING GUILTY

  Before pleading guilty, you should obtain advice from an experienced criminal lawyer. The reason for this is that once you have entered a plea of ‘guilty’, it becomes very difficult to change your plea to ‘not guilty’.

  One of our lawyers can peruse the evidence against you and may find a defence which you had not thought of or be able to downgrade your charge to a less serious charge, such as Robbery or Larceny.

  If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you will need to speak to a specialist Armed Robbery lawyer for representation in Court and advice specific to your case. 

   

  What is the Penalty for Armed Robbery?

  The maximum penalty for Robbery is usually 20 years imprisonment.

  However, if you were armed with a ‘dangerous weapon’, the maximum penalty increases to 25 years imprisonment.

   

  What is the Penalty for Armed Robbery with Wounding?

  The maximum penalty for Robbery is 25 years imprisonment.

  There is also a standard non-parole period of 7 years for this offence. The standard non-parole period is the amount of time you must spend in gaol before you are granted parole.

   

  What is the Guideline Judgement for Armed Robbery?

  A ‘guideline judgement’ involves the Court setting out what factors should be taken into account when sentencing an offender. It also prescribes the type of sentences that should (and should not) be imposed for certain offences.

  The Guideline Judgement for Armed Robbery offences (R v Henry (1999) 46 NSWLR 346) set out that very commonly, Robbery offenders displayed the following characteristics:

  • Young offender with no or little criminal history
  • Weapon like a knife, capable of killing or inflicting serious injury
  • Limited degree of planning
  • Limited, if any, actual violence but a real threat thereof
  • Victim in a vulnerable position such as a shopkeeper or taxi driver
  • Small amount taken
  • Plea of guilty, the significance of which is limited by a strong Crown case.

   

  The Court further stated that the overall sentence should generally be between four to five years imprisonment.

  The Court also identified the following factors as particular to an offence of ‘Armed robbery’:

  • Nature of the weapon
  • Vulnerability of the victim
  • Position on a scale of impulsiveness/planning
  • Intensity of threat, or actual use, of force
  • Number of offenders
  • Amount taken
  • Effect on victim(s).

  What are the Possible Sentences for Armed Robbery?

  See below for a list of possible outcomes from your Armed robbery sentence:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

  Will You Go to Jail for Armed Robbery?

  The Armed Robbery statistics show that since 2018, 97% of offenders were sentenced of some form of imprisonment for this offence. It will come as no surprise that 80% of offenders were sentenced to full-time imprisonment.

  All remaining offenders received criminal convictions. The lengths of imprisonment for this offence range from 2 years to 16 years.

  As you can see, the Courts take this offence very seriously. That is why you should consult Australia’s best Armed robbery lawyers who can provide immediate advice and superior representation in Court.

  Often, persons under the age of 18 commit these offences. A juvenile Armed Robbery sentence will usually be less severe than if you are sentenced as an adult.

  However, a conviction and a ‘control order’ (ie. a term of imprisonment in juvenile detention) is still a strong possibility.

  Contact our team today. If there is any way to keep you out of jail, we are sure to find it.

FAQ

Can an Armed Robbery charge be downgraded?

Yes, you can offer to plead guilty to a lesser offence such as Robbery or Larceny. If this is accepted by the prosecution, the Robbery charge will be withdrawn. As such the chances of avoiding a gaol sentence are significantly greater than if you are found guilty of Robbery.

Contact us today to discuss how we can begin the process of writing representations to Police or the DPP and have the charge downgraded.