The Easter holidays was supposed to be a time to gather the extended family and celebrate. However, as you all are aware, the current COVID-19 pandemic has put a halt on almost every aspect of our lives. One can only imagine how many on the spot fines were issued by police over the long weekend. National Criminal Lawyers® is taking an important step to put Australian’s back on the right track by offering a free consultation with a senior solicitor guaranteed. Whether in person or over the phone, we are here to help.
On another note, Easter Sunday was not so bright for one young man who has been charged with aggravated arm robbery at a small convenient store in Kirribilli. According to police, the man allegedly threatened the employee at knife point before fleeing the scene with money and cigarettes. According to mirage news, the 32 year old man fled the scene in style by jumping into a nearby body of water and swam to Hayes street Wharf. The man was apprehended and brought to Chatswood police station where he was formally charged with armed robbery.
What Is Armed Robbery?
Pursuant to section 94 of the Crimes Act 1900 (NSW), armed robbery is a criminal offence which states the following:
“ Whosoever—
(a) robs or assaults with intent to rob any person, or
(b) steals any chattel, money, or valuable security from the person of another,
shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years”.
What Makes The Offences Aggravating?
The term aggravating is defined as “making a problem or offence worse of more serious”. Meaning, there must be a factor in the offence that would be considered serious in the eyes of the Court. In addition, section 95 of the Crimes Act 1900 (NSW) applies to aggravated robbery which states the following:
“ (1) Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.
(2) In this section, circumstances of aggravation means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following—
(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty”.
What Elements Must The Prosecution Prove?
If you are charged with robbery, the prosecution must prove the following two elements beyond reasonable doubt:
- That you intended to steal; and
- That you took property from another person’s immediate control or presence by the use of violence OR putting them in fear.
Maximum Penalty
As mentioned above, the maximum penalty for armed robbery is 14 years imprisonment. However, if the robbery was done in company of whilst armed then the maximum penalty is 20 years. According to the Judicial Commission of New South Wales, statistics covering the period of 2018-2019 displays the following:
- 2/23 cases were sentenced to a community corrections order (CCO);
- 7/23 cases were sentence to an intensive corrections order (ICO); and
- 14/23 cases were sentenced to imprisonment.
Please click here to learn more about the types of sentences that are available.
What Can National Criminal Lawyers Do you For You?
National Criminal Lawyers® is well-known for dealing with these types of offences. Our office takes the time to dissect your case and find flaws in the prosecution’s case. We fight to defend your rights and ensure justice is achieved. The following options to deal with your criminal matter are as follows:
- Negotiations with police to have your charges withdrawn;
- Plead not guilty and proceed to a hearing;
- Plead guilty to the elements and then dispute the facts (click here to learn more); and
- Plead guilty and make submissions to proceed to sentence.
We are all under quarantine and cannot leave our homes, give us a call to discuss your criminal matter.