Robbery Offences – NSW
Welcome to the NSW Aggravated Armed Robbery article page. Everything you need to know about Aggravated Armed Robbery according to NSW law – Dated: 18/04/2011
What the Law States according to NSW Law for Aggravated Armed Robbery
According to NSW Law for the charge of Aggravated Armed Robbery,
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Assault with intent to rob armed with offensive weapon-SI
|Assault with intent to rob in company-SI
|Robbery armed with offensive weapon-SI
|Robbery in company-SI
|Stop mail with intent armed with offensive weapon-SI
|Stop mail with intent to rob in company-SI
The Maximum Penalty – Aggravated Armed Robbery
According to NSW Law for the charge of Aggravated Armed Robbery:
The maximum penalty for the charge of aggravated armed robbery (Section 97 of the Crimes Act) is 25 years imprisonment.
In NSW, a court can impose any of the following penalties for an aggravated armed robbery charge.
- Section 10: aggravated armed robbery proven but dismissed
- Good behaviour bond
- Community service order (CSO)
- Suspended sentence
- Intensive correction order (previously periodic detention)
- Home detention
- Prison sentence
You’ll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of aggravated armed robbery, if heard in the District Court, is likely to be imprisonment for a period of 6 years.
For first time offenders the likely penalty is imprisonment for a period of 4 ½ years.
What the Police must prove according to NSW Law for Aggravated Armed Robbery
To convict you of an aggravated armed robbery charge, the police must prove each of the following matters beyond a reasonable doubt:
- You were armed with a dangerous weapon.
- You robbed, or assaulted with intent to rob, another person, or stopped any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same.
They will also need to prove that you were the person who committed the aggravated armed robbery offence.
Possible Defences under NSW Law – Aggravated Armed Robbery
Possible defences to an aggravated armed robbery charge include but are not limited to:
- Self Defence
In NSW which court will hear the matter – Aggravated Armed Robbery
This matter is strictly indictable which means that it can only be finalised in the District Court.
Section 10 for an Aggravated Armed Robbery charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.
Fines for an Aggravated Armed Robbery charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.
Good behaviour bond for an Aggravated Armed Robbery charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.
Community service order for an Aggravated Armed Robbery charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.
Suspended sentence for an Aggravated Armed Robbery charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.
Periodic detention for an Aggravated Armed Robbery charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for an Aggravated Armed Robbery charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.
Jail for an Aggravated Armed Robbery charge: This is the most serious penalty for the charge of Aggravated Armed Robbery and involves full time detention in a correctional facility.