INTRODUCTION: A SERIOUS OFFENCE UNDER NSW LAW
If you’re facing a robbery with arms or wounding charge under Section 98 of the Crimes Act 1900 (NSW), you could be looking at up to 25 years imprisonment. This offence is treated as one of the most serious robbery-related charges in New South Wales due to its violent or armed nature.
Whether you’re accused of using a weapon during a robbery or causing injury to another person, the outcome will largely depend on how early you engage a criminal defence lawyer, the available evidence, and the circumstances of your case.
🔍 WHAT IS ROBBERY WITH ARMS OR WOUNDING?
Section 98 of the Crimes Act criminalises robbery or attempted robbery where the accused:
- Is armed with an offensive weapon or instrument
- Inflicts grievous bodily harm, or
- Wounds the victim
This goes beyond simple theft or assault — it involves violence or the threat of serious harm, often with a weapon involved.
🛠️ WHAT COUNTS AS AN “OFFENSIVE WEAPON”?
An “offensive weapon” under the law can include:
- Guns or imitation firearms
- Knives or blades
- Blunt objects used to intimidate
- Everyday tools (e.g. screwdrivers, bottles) used in a threatening way
The prosecution doesn’t need to prove the weapon was used — only that it was present and contributed to fear or threat during the robbery.
⚖️ PENALTIES FOR ROBBERY WITH ARMS OR WOUNDING IN NSW
Maximum Penalty: 25 years imprisonment
This is one of the highest penalties for non-homicide offences in NSW. Sentencing will depend on factors such as:
- Whether actual injury or harm was caused
- Type of weapon used (firearm vs. other object)
- Value of property stolen (if any)
- Whether the act was planned or spontaneous
- The offender’s criminal record and mental health
A conviction for this charge will also result in a serious criminal record that affects travel, employment, and future legal matters.
✅ DEFENCES TO ROBBERY WITH ARMS OR WOUNDING
Several legal defences may apply depending on the evidence and circumstances, including:
- No weapon or wounding: The incident does not meet the threshold for Section 98.
- Mistaken identity: You were not involved in the alleged robbery.
- Duress: You were coerced or threatened into participating.
- No intent to rob: Your actions lacked the necessary intent to commit robbery.
- Alibi: You were elsewhere at the time of the offence.
Your lawyer can also challenge the admissibility of evidence, including CCTV footage, witness statements, or forensic findings.
⚖️ HOW THE PROSECUTION PROVES A SECTION 98 OFFENCE
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
- You committed (or attempted to commit) a robbery;
- You were armed, or caused wounding, or inflicted GBH; and
- You intended to commit the robbery and use force or threat.
If any of these elements are missing, a conviction under Section 98 cannot stand.
📚 CASE STUDY: ROBBERY CHARGE DOWNGRADED IN SYDNEY DISTRICT COURT
We recently defended a 21-year-old client accused of armed robbery with wounding after a late-night altercation outside a convenience store in western Sydney.
While the prosecution alleged our client used a knife and caused injury, we successfully challenged the credibility of the key witness and obtained expert reports regarding the client’s mental health and intoxication levels at the time.
After strong negotiations with the prosecution, the charge was reduced to simple robbery under Section 94, leading to a significantly lighter sentence. Our client avoided a maximum term and received a 3-year Intensive Corrections Orders.
💼 WHY YOU NEED A ROBBERY LAWYER ASAP
This is not a charge you should face without legal support. An experienced robbery lawyer in Sydney can:
- Review and challenge evidence (e.g. CCTV, witness ID)
- Engage barristers and forensic experts
- Apply for bail or argue for lesser penalties
- Negotiate charge downgrades or plea deals
- Represent you in District Court proceedings
⚠️ POSSIBLE OUTCOMES FOR A ROBBERY WITH ARMS CHARGE
While jail is a strong possibility, other outcomes can be achieved depending on your lawyer’s strategy and the case facts:
- Charges withdrawn or dismissed
- Charge downgraded to simple robbery or assault
- Plea deal with reduced sentence
- Shorter non-parole period
- Community sentencing (in exceptional cases)
📞 CONTACT ROBBERY LAWYERS IN SYDNEY TODAY
Charged with robbery with arms or wounding under Section 98 of the Crimes Act? Don’t leave your future to chance. Our experienced criminal lawyers will fight for your rights, your freedom, and your future.
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
We’re available 24/7, including for urgent bail applications and police station advice.
Criminal Lawyers Group – Defending serious charges with serious results.