What the law states
Section 94 of the Crimes Act (NSW) 1900 states:
Whoever:
robs or assaults with intent to rob any person, or
steals any chattel, money, or valuable security from the person of another,
shall, except where a greater punishment is provided by this Act, be liable to imprisonment for fourteen years.
This offence applies when the victim is not harmed. When the victim is harmed, you may be charged with the ‘aggravated’ form of this offence.
The aggravated circumstances associated with this offence are outlined in section 95(2) of the Crimes Act 1900 (NSW):
(1) In this section, "circumstances of aggravation" means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
(a) the alleged offender uses corporal violence on any person,
(b) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
(c) the alleged offender deprives any person of his or her liberty.
These aggravating factors increase the severity of the offence and therefore the penalty can be harsher.
An example of this offence
An example of aggravated robbery and stealing from the person is stealing somebody’s bag whilst they are walking by and punching the victim if they struggle causing actual bodily harm.
Penalty
The maximum sentence for aggravated robbery and stealing from a person is 20 years imprisonment.
Defences
If you are charged with this offence, it may be possible to defend the charge on one of the following basis:
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Duress
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Necessity
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Intoxication
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Self-defence.
How can Prime Lawyers help you?
There are generally two ways you can proceed with a criminal charge – plead guilty or plead not guilty. Just because you have been charged with aggravated robbery and stealing from a person, does not mean you are guilty.
Our criminal solicitors will first investigate the charge against you and the evidence that the Police have gathered to support their charge. We will then give you clear advice on which way you should plead – guilty or not guilty (ie defending the charge).
If you are pleading guilty to this charge, our aim is to minimise what penalty you receive. It is possible to be imprisoned for this charge and as such we do not take these matters lightly. We will fight to protect your freedom.
If you are pleading not guilty to this charge, our criminal defence lawyers will carefully pick apart the Prosecution’s case against you and advocate for you at court.