Robbery Offences – NSW
Welcome to the NSW Robbery with wounding article page. Everything you need to know about Robbery with wounding according to NSW law – Dated: 01/09/2009
What the Law States according to NSW Law for Robbery with wounding
According to NSW Law for the charge of Robbery with wounding:
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:
|Aggravated assault with intent rob & deprive liberty cause wounding/grievous bodily harm-SI
|Aggravated assault with intent rob and inflict actual bodily harm cause wounding/grievous bodily harm-SI
|Aggravated assault with intent rob and use violence cause wounding/grievous bodily harm-SI
|Aggravated assault with intent rob with wounding/grievous bodily harm-SI
|Aggravated steal from person & deprive liberty cause wound/grievous bodily harm-SI
|Aggravated steal from person and inflict actual bodily harm cause wounding/grievous bodily harm-SI
|Aggravated steal from person and use violence cause wounding/grievous bodily harm-SI
|Aggravated steal from the person with wounding/grievous bodily harm-SI
|Aggravated robbery and deprive liberty cause wounding/grievous bodily harm-SI
|Aggravated robbery and inflict actual bodily harm cause wounding/grievous bodily harm-SI
|Aggravated robbery and use violence cause wounding/grievous bodily harm-SI
|Aggravated robbery with wounding/grievous bodily harm-SI
The Maximum Penalty – Robbery with wounding
According to NSW Law for the charge of Robbery with wounding:
The maximum penalty for the charge of robbery with wounding (Section 96 of the Crimes Act) is 25 years imprisonment.
In NSW, a court can impose any of the following penalties for a robbery with wounding charge.
- Section 10: robbery with wounding 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 robbery with wounding, if heard in the District Court, is likely to be imprisonment for a period of 5 years.
For first time offenders the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.
What the Police must prove according to NSW Law for Robbery with wounding
To convict you of a robbery with wounding charge, the police must prove each of the following matters beyond a reasonable doubt:
- You unlawfully took and carried away property of some value.
- It was taken from another person, or in his/her presence, or from under his/her immediate and personal care and protection.
- It was taken against the will of the other person.
- It was taken either by force or by putting the other person in fear.
- It was taken with the intention of permanently depriving the person of such property.
- The offence occurred in circumstances of aggravation.
- You either inflicted a wound or grievous bodily harm.
They will also need to prove that you were the person who committed the robbery with wounding offence.
Possible Defences under NSW Law – Robbery with wounding
Possible defences to a robbery with wounding charge include but are not limited to:
- Self Defence
In NSW which court will hear the matter – Robbery with wounding
This matter is strictly indictable which means that it can only be finalised in the District Court.
Section 10 for a Robbery with wounding 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 a Robbery with wounding 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 a Robbery with wounding 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 a Robbery with wounding 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 a Robbery with wounding 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 a Robbery with wounding charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for a Robbery with wounding 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 a Robbery with wounding charge: This is the most serious penalty for the charge of Robbery with wounding and involves full time detention in a correctional facility.