Robbery In Company or Armed

THE CRIMINAL OFFENCE OF ROBBERY IN COMPANY OR ARMED

THINGS YOU NEED TO KNOW:

1. Robbery in company or armed is a serious criminal offence which can result in imprisonment.
2. Robbery in company or armed is a strictly indictable offence under Section 97 of the Crimes Act 1900 (NSW).
3. Robbery in company or armed matters are finalised in the District Court or Supreme Court.
4. The criminal offence of Aggravated robbery in company or armed involves a higher maximum sentence.

The criminal offence of robbery in company or armed is a serious offence with severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF ROBBERY IN COMPANY OR ARMED?

Section 97 of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person, being armed with an offensive weapon, or instrument, or being in company with another person, to:

• Rob, or assault with intent to rob, any person, or
• Stop any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF ROBBERY IN COMPANY OR ARMED?

Section 97 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 20 years imprisonment for anyone convicted of the criminal offence of robbery in company or armed. The maximum penalty is generally reserved for among the worst offenders.

A conviction of the criminal offence of robbery in company or armed is likely to also impact your career and professional life.

WHAT IS AN OFFENSIVE WEAPON OR INSTRUMENT?

To best understand the criminal offence of robbery in company or armed, it is important to know what in fact constitutes an offensive weapon or instrument.

The Crimes Act 1900 (NSW) defines an offensive weapon or instrument as:

• A dangerous weapon, or
• Any thing that is made or adapted for offensive purposes, or
• Any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.

INCREASED PENALTY FOR CRIMINAL OFFENCE OF AGGRAVATED ROBBERY IN COMPANY

Section 97(2) of the Crimes Act 1900 (NSW) prescribes an increased maximum penalty of 25 years imprisonment for anyone convicted of the criminal offence of aggravated robbery in company or armed.

A person is convicted of the criminal offence of aggravated robbery in company or armed if they commit the criminal offence of robbery in company or armed when armed with a dangerous weapon.

If on the trial of a person charged with the criminal offence of aggravated robbery in company or armed, the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of the criminal offence of robbery in company or armed, the jury may find the accused not guilty of the aggravated offence charged but guilty of the non-aggravated offence.

WHAT IS A DANGEROUS WEAPON?

To best understand the criminal offence of aggravated robbery in company or armed, it is important to know the definition of a dangerous weapon.

The Crimes Act 1900 (NSW) defines a dangerous weapon as:

• A firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
• A prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
• A spear gun.

WHAT ARE THE DEFENCES AGAINST GUILT FOR A ROBBERY IN COMPANY OR ARMED CONVICTION?

Claim of right: A claim of right defence refers to the defence that an individual committed the act as a result of a genuine held belief that they had a legal right to the property or money that was taken, even if there existed no actual legal right.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of robbery in company or armed in circumstances where the criminal offence of robbery in company or armed must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Duress: You may defend a robbery in company or armed charge on the defence of duress, which is that you committed the robbery in company or armed under duress due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Did not commit the act: That you neither, being armed with an offensive weapon, or instrument, or being in company with another person, robbed, or assaulted with intent to rob, any person, or stopped any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same.

Other defences against a conviction of the criminal offence of robbery in company or armed may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you.

WHAT ARE SOME EXAMPLES OF ROBBERY IN COMPANY OR ARMED OFFENCES?

Examples of actions that may constitute the criminal offence of robbery in company or armed include, but are not limited to:

• Joining two friends to rob a person in the street
• Threatening a shop attendant with a baseball bat and demanding money
• Beating up a pedestrian with an improvised weapon to steal their wallet

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF ROBBERY IN COMPANY OR ARMED?

If you are convicted of the criminal offence of robbery in company or armed, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history, particularly involving violent offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities is important in consideration of a reduced sentence

WHAT COURT ARE ROBBERY IN COMPANY OR ARMED OFFENCES HEARD IN?

The criminal offence of robbery in company or armed is finalised in the District Court or Supreme Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including robbery in company or armed offences in the District Court and Supreme Court.

WHAT ARE YOUR OPTIONS?

When facing a robbery in company or armed charge, you have several options in court. These include:

Pleading Not Guilty: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

Pleading Guilty: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.