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Robbery in Circumstances of Aggravation

Robbery Offences – NSW

Welcome to the NSW Robbery in circumstances of aggravation article page. Everything you need to know about Robbery in circumstances of aggravation according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Robbery in circumstances of aggravation

According to NSW Law for the charge of Robbery in circumstances of aggravation:

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:

51148 Aggravated assault with intent rob and deprives person of liberty-SI
51149 Aggravated assault with intent rob and inflict actual bodily harm-SI
51150 Aggravated assault with intent rob and use corporal violence-SI
460 Aggravated assault with intent to rob-SI
51151 Aggravated robbery and deprives person of liberty-SI
51152 Aggravated robbery and inflict actual bodily harm-SI
51153 Aggravated robbery and use corporal violence-SI
461 Aggravated robbery-SI
51154 Aggravated steal from person and deprive of liberty-SI
51155 Aggravated steal from person and inflict actual bodily harm-SI
51156 Aggravated steal from person and use corporal violence-SI
462 Aggravated steal from the person-SI

The Maximum Penalty – Robbery in circumstances of aggravation

According to NSW Law for the charge of Robbery in circumstances of aggravation:

The maximum penalty for the charge of robbery in circumstances of aggravation (Section 95 of the Crimes Act) is 20 years imprisonment.

In NSW, a court can impose any of the following penalties for a robbery in circumstances of aggravation charge.

  • Section 10: robbery in circumstances of aggravation proven but dismissed
  • Fine
  • 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.

Likely Penalty

District Court

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 in circumstances of aggravation, if heard in the District Court, is likely to be imprisonment for a period of 3 ½ years.

For first time offenders the likely penalty is imprisonment for a period of 3 years.

What the Police must prove according to NSW Law for Robbery in circumstances of aggravation

To convict you of a robbery in circumstances of aggravation charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You unlawfully took and carried away property of some value.
  2. It was taken from another person, or in his/her presence, or from under his/her immediate and personal care and protection.
  3. It was taken against the will of the other person. It was taken either by force or by putting the other person in fear.
  4. It was taken with the intention of permanently depriving the person of such property.
  5. The offence occurred in circumstances of aggravation. This includes:

    • you used corporal violence on any person,
    • you intentionally or recklessly inflicted actual bodily harm on any person,
    • you deprived any person of his or her liberty.

They will also need to prove that you were the person who committed the robbery in circumstances of aggravation offence.

Possible Defences under NSW Law – Robbery in circumstances of aggravation

Possible defences to a robbery in circumstances of aggravation charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Robbery in circumstances of aggravation

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for a Robbery in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation 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 in circumstances of aggravation charge: This is the most serious penalty for the charge of Robbery in circumstances of aggravation and involves full time detention in a correctional facility.

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