If you have been charged with robbery, police must prove that:
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so for the purpose of taking the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you took and carried away property that did not belong to you and used threatening force to induce the taking of the property.
You may accept that you took and carried away the property, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for robbery?
It is likely that you will go to jail. The maximum penalty for robbery is 14 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
If you have been charged with stealing from the person, police must prove that:
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What does the property being ‘on the person’ mean?
For the offence of stealing from the person, it must be proven that you applied force onto the property which is physically on the complainant at the time of taking it from them. Common examples of stealing from the person are pick pocketing and bag snatching which both involve the property being physically on a person.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you took and carried away property that did not belong to you and was physically on the complainant at the time of taking it away from them.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for stealing from the person?
You may go to jail. The maximum penalty for stealing from the person is 14 years imprisonment, however, if dealt with in the Local Court and:
The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
If you have been charged with aggravated robbery, police must prove that:
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so for the purpose of taking the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is actual bodily harm?
There must be some injury to a person either immediately before, after or during the robbery. Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
What does recklessness mean?
It must be proved that you realised that a person might be subjected to unlawful violence which would cause them actual bodily harm, but continued regardless.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you took and carried away property that did not belong to you in circumstances of aggravation.
You may accept that you took and carried away the property, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated robbery?
It is likely that you will go to jail. The maximum penalty for aggravated robbery is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
If you have been charged with aggravated robbery with wounding, police must prove that:
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so for the purpose of taking the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is actual bodily harm?
There must be some injury to a person either immediately before, after or during the robbery. Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
What does recklessness mean?
It must be proved that you realised the complainant might be subjected to unlawful violence which would cause them actual bodily harm, but continued regardless.
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you took and carried away property that did not belong to you in circumstances of aggravation and that a person was wounded as a result.
You may accept that you took and carried away the property, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated robbery with wounding?
It is likely that you will go to jail. The maximum penalty for aggravated robbery with wounding is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
If you have been charged with assault with intent to rob, police must prove that:
What is an assault?
An assault is any contact with another person, without their consent, which does not amount to actual bodily harm. Actual bodily harm includes things like bruises, scratches, or marks.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you assaulted the complainant with an intent to rob them
You may accept that you assaulted the complainant, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as common assault.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for assault with intent to rob?
You may go to jail. The maximum penalty for assault with intent to rob is 14 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to actually rob the complainant?
No. For a charge of assault with intent to rob, you must have assaulted the complainant with an intention to take property from them. You did not have to achieve the taking.
If you have been charged with aggravated assault with intent to rob, police must prove that:
What is an assault?
An assault is any contact with another person, without their consent, which does not amount to actual bodily harm. Actual bodily harm includes things like bruises, scratches, or marks.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What is actual bodily harm?
There must be some injury to a person either immediately before, after or during the assault. Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
What does recklessness mean?
It must be proved that you realised that a person might be subjected to unlawful violence which would cause them actual bodily harm, but continued regardless.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you assaulted the complainant with an intent to rob them and whether that was done in a circumstance of aggravation.
You may accept certain alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as assault with intent to rob or common assault.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated assault with intent to rob?
You may go to jail. The maximum penalty for aggravated assault with intent to rob is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to actually rob the complainant?
No. For a charge of aggravated assault with intent to rob, you must have assaulted the complainant with an intention to take property from them. You did not have to achieve the taking.
If you have been charged with aggravated assault with intent to rob with wounding, police must prove that:
What is an assault?
An assault is any contact with another person, without their consent, which does not amount to actual bodily harm. Actual bodily harm includes things like bruises, scratches, or marks.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What is actual bodily harm?
There must be some injury to a person either immediately before, after or during the assault. Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.
What does recklessness mean?
It must be proved that you realised that a person might be subjected to unlawful violence which would cause them actual bodily harm, but continued regardless.
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you assaulted the complainant with an intent to rob them, whether that was done in a circumstance of aggravation and whether a person was thus wounded.
You may accept certain alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as aggravated assault with intent to rob, assault with intent to rob, assault occasioning actual bodily harm or common assault.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated assault with intent to rob with wounding?
You may go to jail. The maximum penalty for aggravated assault with intent to rob with wounding is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to actually rob the complainant?
No. For a charge of aggravated assault with intent to rob with wounding, you must have assaulted the complainant with an intention to take property from them. You did not have to achieve the taking.
If you have been charged with armed robbery, police must prove that:
What is an offensive weapon?
An offensive weapon is any object which is inherently dangerous (e.g. a knife or metal pole) or, in the circumstances, is used to cause or threaten to cause an offence. This can include ordinary objects that are not usually seen as dangerous or offensive but is used for the purpose of causing an offence. Whether or not you had used an ordinary object in an offensive manner will depend on the surrounding circumstances.
What does it mean to ‘be armed’?
Being armed with an offensive weapon means that the weapon is in your physical possession at the time of the robbery. For the offence of armed robbery, the threat does not have to be made using the offensive weapon.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
Although using the offensive weapon is one way to prove ‘threatening force’, there are other ways to prove this as long as you are in possession of the offensive weapon at the time of the robbery.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while armed with an offensive weapon, took and carried away property that did not belong to you and used threatening force to induce the taking of the property.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for armed robbery?
You may go to jail. The maximum penalty for armed robbery is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to threaten the complainant with the weapon?
Although the use of the offensive weapon is one way to prove ‘threatening force’, it is not the only way. For the offence of armed robbery, it must be proven that you were in possession of the offensive weapon at the time of robbing the complainant. The threat can be made is a number of ways as long as it induces the taking of the property.
If you have been charged with armed robbery with wounding or grievous bodily harm, police must prove that:
What is an offensive weapon?
An offensive weapon is any object which is inherently dangerous (e.g. a knife or metal pole) or, in the circumstances, is used to cause or threaten to cause an offence. This can include ordinary objects that are not usually seen as dangerous or offensive but is used for the purpose of causing an offence. Whether or not you had used an ordinary object in an offensive manner will depend on the surrounding circumstances.
What does it mean to ‘be armed’?
Being armed with an offensive weapon means that the weapon is in your physical possession at the time of the robbery. For the offence of armed robbery with wounding or grievous bodily harm, the threat does not have to be made using the offensive weapon.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
Although using the offensive weapon is one way to prove ‘threatening force’, there are other ways to prove this as long as you are in possession of the offensive weapon at the time of the robbery.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What is grievous bodily harm?
Grievous bodily harm is defined to include any permanent or serious disfiguring of a person and includes the destruction of a foetus.
It means really serious physical injury such as brain injury, bone fractures and causing a mother to lose her foetus.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while armed with an offensive weapon, took and carried away property that did not belong to you, used threatening force to induce the taking of the property and wounded or inflicted grievous bodily harm on the complainant.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as armed robbery, robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for armed robbery with wounding or grievous bodily harm?
You may go to jail. The maximum penalty for armed robbery with wounding or grievous bodily harm is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to threaten the complainant with the weapon?
Although the use of the offensive weapon is one way to prove ‘threatening force’, it is not the only way. For the offence of armed robbery with wounding or grievous bodily harm, it must be proven that you were in possession of the offensive weapon at the time of robbing the complainant. The threat can be made is a number of ways as long as it induces the taking of the property.
If you have been charged with armed robbery with wounding or grievous bodily harm, police must prove that:
What is an offensive weapon?
An offensive weapon is any object which is inherently dangerous (e.g. a knife or metal pole) or, in the circumstances, is used to cause or threaten to cause an offence. This can include ordinary objects that are not usually seen as dangerous or offensive but is used for the purpose of causing an offence. Whether or not you had used an ordinary object in an offensive manner will depend on the surrounding circumstances.
What does it mean to ‘be armed’?
Being armed with an offensive weapon means that the weapon is in your physical possession at the time of the robbery. For the offence of armed robbery with wounding or grievous bodily harm, the threat does not have to be made using the offensive weapon.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
Although using the offensive weapon is one way to prove ‘threatening force’, there are other ways to prove this as long as you are in possession of the offensive weapon at the time of the robbery.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What is grievous bodily harm?
Grievous bodily harm is defined to include any permanent or serious disfiguring of a person and includes the destruction of a foetus.
It means really serious physical injury such as brain injury, bone fractures and causing a mother to lose her foetus.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while armed with an offensive weapon, took and carried away property that did not belong to you, used threatening force to induce the taking of the property and wounded or inflicted grievous bodily harm on the complainant.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as armed robbery, robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for armed robbery with wounding or grievous bodily harm?
You may go to jail. The maximum penalty for armed robbery with wounding or grievous bodily harm is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to threaten the complainant with the weapon?
Although the use of the offensive weapon is one way to prove ‘threatening force’, it is not the only way. For the offence of armed robbery with wounding or grievous bodily harm, it must be proven that you were in possession of the offensive weapon at the time of robbing the complainant. The threat can be made is a number of ways as long as it induces the taking of the property.
If you have been charged with aggravated armed robbery, police must prove that:
What is a dangerous weapon?
Firearms, prohibited weapons and spear guns are all considered dangerous weapons. Firearms include guns or any weapon that can propel a projectile by an explosive. Prohibited weapons include; knives such a pocket knife, ballistic knife, sheath knife, urban skinner bush dagger, trench knife and star knife; military-style weapons such as any bomb, grenade or missile; or others such as spear guns and crossbows.
Being armed with a dangerous weapons instead of an offensive weapon is the circumstance that aggravates the armed robbery charge.
What does it mean to ‘be armed’?
Being armed with a dangerous weapon means that the weapon is in your physical possession at the time of the robbery. For the offence of aggravated armed robbery, the threat does not have to be made using the dangerous weapon.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
Although using the dangerous weapon is one way to prove ‘threatening force’, there are other ways to prove this as long as you are in possession of the dangerous weapon at the time of the robbery.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while armed with a dangerous weapon, took and carried away property that did not belong to you and used threatening force to induce the taking of the property.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated armed robbery?
You may go to jail. The maximum penalty for aggravated armed robbery is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to threaten the complainant with the weapon?
Although the use of the dangerous weapon is one way to prove ‘threatening force’, it is not the only way. For the offence of armed robbery, it must be proven that you were in possession of the dangerous weapon at the time of robbing the complainant. The threat can be made is a number of ways as long as it induces the taking of the property.
Have you (or someone you know) been charged with robbery in company?
If you have been charged with robbery in company, police must prove that:
What is being in company?
Being in company is more than the presence of a person/s next to or near you during the robbery. You and the other person/s must have agreed to achieve the common purpose of robbing the complainant.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while in company of a person/s, took and carried away property that did not belong to you and used threatening force to induce the taking of the property.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for robbery in company?
You may go to jail. The maximum penalty for robbery in company is 20 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
If you have been charged with robbery in company with wounding or grievous bodily harm, police must prove that:
What is being in company?
Being in company is more than the presence of a person/s next to or near you during the robbery. You and the other person/s must have agreed to achieve the common purpose of robbing the complainant.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What is wounding?
Wounding means the breaking of the inner layer of skin. A wound does not need to be caused by a weapon; punching someone and splitting their lip could amount to a wound.
Bruises, scratches or marks which only break the outer layer of skin does not amount to wounding.
What is grievous bodily harm?
Grievous bodily harm is defined to include any permanent or serious disfiguring of a person and includes the destruction of a foetus.
It means really serious physical injury such as brain injury, bone fractures and causing a mother to lose her foetus.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while in company of a person/s, took and carried away property that did not belong to you, used threatening force to induce the taking of the property and either wounded or inflicted grievous bodily harm on the complainant.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as robbery in company, robbery or larceny.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for robbery in company with wounding or grievous bodily harm?
You may go to jail. The maximum penalty for robbery in company with wounding or grievous bodily harm is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
1. Aggravated robbery in company is an offence under section 97(2) of the Crimes Act 1900 (NSW).
2. This offence is a serious indictable (SI) offence. It must be finalised in the District Court, but commences in the Local Court.
3. The maximum penalty for aggravated robbery in company is 25 years imprisonment.
4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that you will be sentenced to a term of imprisonment.
If you have been charged with aggravated robbery in company, police must prove that:
What is being in company?
Being in company is more than the presence of a person/s next to or near you during the robbery. You and the other person/s must have agreed to achieve the common purpose of robbing the complainant.
What does ‘threatening force’ to induce the taking mean?
This means that you threatened the use of force or violence, either before or during the taking of the property, to overpower the other person and did so to take the property from them. This does not include threats of force or violence after having taken the property. Furthermore, the property does not have to be in the hands of the complainant at the time of making the threat.
What is property that can be capable of being taken and carried away?
Property that is subject of a robbery charge must be capable of being taken and carried away. These include any tangible (physical) property that can be physically held and carried. They do not include property such as land, wild animals or any electronic transfers.
What does property belonging to another person mean?
Property subject of a robbery charge must have belonged to another person at the time you took and carried it away. This includes property that is in the actual possession or custody of the other person. Actual possession means that they are in possession and physical control of the property whereas custody means being in possession of the property without being in physical control. Being in custody of the property will cover those cases where the other person has the property in their possession but have no knowledge of its exact location.
What is a dangerous weapon?
Firearms, prohibited weapons and spear guns are all considered dangerous weapons. Firearms include guns or any weapon that can propel a projectile, such as a bullet, by an explosive. Prohibited weapons include; knives such a pocket knife, ballistic knife, sheath knife, urban skinner bush dagger, trench knife and star knife; military-style weapons such as any bomb, grenade or missile; or others such as spear guns and crossbows.
Being armed with a dangerous weapon is the circumstance that aggravates the robbery in company charge.
What does it mean to ‘be armed’?
Being armed with a dangerous weapon means that the weapon is in your physical possession at the time of the robbery. For the offence of aggravated robbery in company, the threat does not have to be made using the dangerous weapon.
What is an intent to rob?
An intent to rob is an intent to take property that belongs to another person and carry it away from them. You must have had knowledge that it was probable that robbing the person is a consequence of your conduct.
What are the possible defences?
This will depend on a number of factors, including whether you accept that you, while in company of a person/s, took and carried away property that did not belong to you, used threatening force to induce the taking of the property and were armed with a dangerous weapon.
You may accept the alleged conduct, but your lawyer may be able to persuade the prosecution to accept a plea of guilty to a less serious charge such as aggravated robbery in company, robbery in company, aggravated robbery or robbery.
Alternatively, you may accept the charge but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is likely that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
Will I go to jail for aggravated robbery in company?
You may go to jail. The maximum penalty for aggravated robbery in company is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to jail, or to reduce the length of the jail sentence.
Did I have to threaten the complainant with the dangerous weapon?
Although the use of the dangerous weapon is one way to prove ‘threatening force’, it is not the only way. For the offence of aggravated robbery in company, it must be proven that you were in possession of the dangerous weapon at the time of robbing the complainant. The threat can be made in a number of ways as long as it induces the taking of the property.
| Circumstances of offending: | Maximum penalty: |
| Base offence (no aggravating circumstances) | 14 years imprisonment |
| Aggravating circumstances | 20 years imprisonment |
| Specially aggravating circumstances | 25 years imprisonment |
This offence may carry a standard non-parole period. However, the application and length of a non-parole period will vary based on the circumstances of aggravation.
| Circumstances of offending: | Standard non-parole period: |
| Base offence (no aggravating circumstances) | N/A |
| Aggravating circumstances | 5 years imprisonment |
| Specially aggravating circumstances | 7 years imprisonment |
If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded.
If you have been charged with break and enter, the prosecutor must prove that:
What amounts to break and enter?
Breaking into a property does not require you to cause any physical damage to the property. The act of opening a closed door or window to gain access into a building is sufficient and will amount to breaking into that building. To enter a building simply means that you physically went inside the building.
An example of break and enter will be to open the closed door of a property and walking inside.
What is considered to be ‘property’?
For the purposes of this charge, property refers to any type of building whether privately or publicly owned. That includes any store, house, apartment, factory, garage, warehouse and any building which belongs to any Government department (e.g. school).
What is a ‘serious indictable offence’?
A serious indictable offence includes any offence which carries a maximum penalty of 5 or more years of imprisonment.
What is the difference between ‘aggravated’ and ‘specially aggravated’ offences?
If the offence was committed with at least one of the following circumstances, the offence will be considered to be an aggravated offence:
If the offence was committed with at least one of the following circumstances, the offence will be considered to be a specially aggravated offence:
What is the maximum penalty that a court may impose?
The maximum penalty imposable will depend on nature of offending.
If you are charged with break and enter and commit serious indictable offence, the maximum penalty is 14 years imprisonment.
If you are charged with aggravated break and enter and commit serious indictable offence, the maximum penalty is 20 years with a standard non-parole period of 5 years.
If you are charged with specially aggravated break and enter and commit serious indictable offence, the maximum penalty is 25 years imprisonment with a standard non-parole period of 7 years.
What are the possible defences?
You may have the defence of mental illness.
This will depend on a number of factors, including whether you accept that you did break, enter and committed a serious indictable offence.
You may accept that you did break and enter, but your lawyer may be able to persuade the prosecutor to accept a plea of guilty to the less serious charge such as break and enter with intent to commit serious indictable offence
Alternatively, you may accept that you are guilty of the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, in relation to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important that a lawyer properly advises you if a conviction is recorded.
Will I go to jail for break and enter and commit serious indictable offence?
It is very likely that you will go to jail if you plead guilty or are found guilty. The maximum penalty for this offence varies based on the offending circumstances, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to persuade the court to reduce the length of the jail sentence.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in goal before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle of the range of seriousness, without reference to discounts or positive or negative features for an offender.
What will the court take into account when sentencing?
The court will take into account the seriousness of the break and enter as well as the risk of harm to which the victim was exposed. For example, if you break and enter while knowing someone was inside the premises, that is objectively more serious than breaking and entering while knowing that no one was on the property.
The court will also take into account many other factors including your personal circumstances and criminal history.
| Circumstances of offending: | Maximum penalty: |
| Base offence (no aggravating circumstances) | 14 years imprisonment |
| Aggravating circumstances | 20 years imprisonment |
| Specially aggravating circumstances | 25 years imprisonment |
| Circumstances of offending: | Standard non-parole period: |
| Base offence (no aggravating circumstances) | N/A |
| Aggravating circumstances | 5 years imprisonment |
| Specially aggravating circumstances | 7 years imprisonment |
If you have been charged with a break and enter offence, the prosecutor must prove that:
What amounts to break and enter?
Breaking into a property does not require you to cause any physical damage to the property. The act of opening a closed door or window to gain access into a building is sufficient and will amount to breaking into that building. To enter a building simply means that you physically went inside the building.
An example of break and enter will be to open the closed door of a property and walking inside.
What is considered to be ‘property’?
For the purposes of this charge, property refers to any type of building whether privately or publicly owned. That includes any store, house, apartment, factory, garage, warehouse and any building which belongs to any Government department (e.g. school).
What is the difference between ‘aggravated’ and ‘specially aggravated’ offences?
If the offence was committed with at least one of the following circumstances, the offence will be considered to be an aggravated offence:
If the offence was committed with at least one of the following circumstances, the offence will be considered to be a specially aggravated offence:
What is the maximum penalty that a court may impose?
The maximum penalty imposable will depend on nature of offending.
If you are charged with break and enter and commit serious indictable offence, the maximum penalty is 14 years imprisonment.
If you are charged with aggravated break and enter and commit serious indictable offence, the maximum penalty is 20 years with a standard non-parole period of 5 years.
If you are charged with specially aggravated break and enter and commit serious indictable offence, the maximum penalty is 25 years imprisonment with a standard non-parole period of 7 years.
WHAT ARE THE POSSIBLE DEFENCES?
This will depend on a number of factors including, for example:
You may accept that you are guilty of the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.
What will the court take into account when sentencing?
The court will take into account scale of the break and enter, as well as your individual conduct (i.e. the extent of your actions). For example, opening an unlocked door may be seen as less serious than breaking a window to enter a building.
The court will also take into account many other factors including your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is certain that the court will record a conviction. The type of sentence you receive will depend on the facts of your case, your personal circumstances, your criminal history and many other factors.
What does it mean to have a conviction recorded?
A conviction is an entry on your criminal record (also referred to as your antecedents). A conviction may pose a hurdle, or a bar, to current or future employment, travel, adoption, residency, applications for citizenship or your ability to attain or hold a certain licence.
It is important that a lawyer properly advises you if a conviction is recorded.
Will I go to gaol for a break and enter offence?
It is very likely that you will go to gaol if you plead guilty or are found guilty. The maximum penalty for this offence varies based on the offending circumstances, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.
It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to reduce the length of the gaol sentence.
What is a standard non-parole period (SNPP)?
A non-parole period is the period of time someone spends in goal before they will be released to parole (or considered for parole).
A standard non-parole period is a ‘legislative guidepost’ which represents the non-parole period for an offence which is in the middle of the range of seriousness, without reference to discounts or positive or negative features for an offender.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.