What Is Armed Robbery?
In New South Wales, robbery becomes a significantly more serious offence when committed while armed with a dangerous weapon. This is governed by Section 97(2) of the Crimes Act 1900 (NSW), which carries a maximum penalty of 25 years’ imprisonment.
The law is designed to address the increased risk to public safety when weapons are used during a robbery—particularly weapons classified as “dangerous.”
🔗 See Section 97 of the Crimes Act 1900 (NSW) on AustLII
What Does Section 97 Say?
Section 97 of the Crimes Act 1900 covers robbery and assault with intent to rob:
- Subsection (1): Robbery or assault with intent to rob while armed with an offensive weapon or instrument, or in company with another person, carries a maximum penalty of 20 years.
- Subsection (2): If the offender is armed with a dangerous weapon, the maximum penalty increases to 25 years’ imprisonment.
What Is a “Dangerous Weapon”?
A dangerous weapon, under NSW law, includes:
- A firearm or imitation firearm (as defined in the Firearms Act 1996),
- A prohibited weapon (as defined in the Weapons Prohibition Act 1998),
- A spear gun.
These definitions cover a broad range of objects, and the classification depends not just on the object itself, but how it’s used or intended to be used during the offence.
What Must the Prosecution Prove?
To secure a conviction under section 97(2), the prosecution must prove beyond reasonable doubt that:
- A robbery or assault with intent to rob took place;
- The accused was armed with a dangerous weapon at the time of the offence.
Importantly, it is not necessary for the weapon to have been used—mere possession during the robbery is sufficient. For example the use of a rifle or other type of firearm.
How Serious Is This Offence?
Robbery while armed with a dangerous weapon is considered a strictly indictable offence, meaning it must be dealt with in the District Court. It cannot be finalised in the Local Court due to its seriousness.
According to the Judicial Commission of NSW, this offence is treated with extreme gravity. Courts consistently emphasise that robbery involving weapons creates a high degree of fear and harm, even if no physical injury occurs.
📘 Judicial Bench Book – Robbery Offences
Sentencing Trends in NSW
According to NSW sentencing statistics (post-2018 guideline judgment reforms):
- Most offenders receive full-time imprisonment.
- The median non-parole period is around 3 years, though sentences vary based on:
- Use or brandishing of the weapon,
- Degree of planning or violence,
- Age and background of the offender,
- Whether a guilty plea was entered.
Sentences are longer where firearms are discharged, where multiple victims are involved, or where the offence causes serious trauma.
Defences to Armed Robbery
While these are serious charges, several legal defences may apply:
- Duress – where the accused was forced to participate due to threats.
- Necessity – where the act was committed to avoid a greater harm.
- Lack of Intent – the prosecution must prove the robbery was intentional.
- Claim of Right – a defence in rare cases where the accused honestly believed they had a right to the property.
If any defence is raised, the onus is on the prosecution to disprove it beyond reasonable doubt.
Why Legal Representation Matters
Given the potential for long prison sentences and the complex legal arguments often involved (including weapons classifications and mental elements like intent), anyone facing a charge under section 97(2) should seek expert legal advice immediately.
An experienced criminal defence lawyer can assess:
- Whether the item qualifies as a “dangerous weapon,”
- Whether the accused was correctly identified,
- Whether the prosecution can prove all legal elements beyond reasonable doubt,
- The strength of any available defences,
- What evidence may reduce the severity of the sentence.
Final Thoughts
Robbery while armed with a dangerous weapon is among the most serious offences in NSW criminal law. Courts treat it with strong disapproval due to the high risk it poses to the community.
If you or someone you know is being investigated or charged under section 97(2), early legal intervention can make a substantial difference in the outcome.
CONTACT US
If you or someone you know faces charges under Section 97(2) or related offences, contact us today for immediate, confidential advice.
📞 Call Criminal Lawyers Group on (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
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