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Armed Robbery Charges /Robbery in Company
Armed Robbery charges are considered extremely serious by NSW Courts, and can lead to lengthy terms of full time imprisonment imposed.
It is very important that you know your rights in defending armed robbery charges, and understand what the prosecution must prove beyond reasonable doubt.
Plead not guilty:
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
1. If robbery is alleged, that you:
a) Intended to steal;
b) Used some degree of threat or force putting the person in fear;
c) Took from the person;
d) Either in company or using an offensive weapon.
In some instances the police may allege a more serious offence, consisting of the above elements as well as one of the following additional elements:
1. You used corporal violence on any person;
2. You intentionally or recklessly inflicts actual bodily harm on any person;
3. You deprived any person of his or her liberty.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Further, you will be found not guilty of the offence if you can establish any of the following:
- The property was taken pursuant to a claim of right made in good faith
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Robbery in Company/Armed Robbery carries a maximum penalty of 20 years imprisonment in the District Court. Aggravated Robbery in Company/Armed Robbery carries a maximum penalty of 25 years imprisonment in the District Court. Robbery in Company and Armed Robbery are considered extremely serious offences. We advise that you contact one of our solicitors immediately if you are charged with either of these offences.
Generally, penalties that a court can impose for any criminal offence in NSW are:
- Section 10 – No conviction recorded
- Section 9 – Good behaviour bond
- Community service order
- Section 12 – Suspended sentence
- Intensive correction order
- Home detention
- Prison sentence
Case Study - Armed Robbery – Suspended Sentence
Case Study - Robbery, Without An Offensive Weapon
Our client and his friend were both charged with robbery armed with an offensive weapon. They robbed pizza delivery driver. Our client instructed us that at no stage during the robbery was an offensive weapon, namely a knife used.
Our dedicated solicitor entered into extensive negotiations with the Director of Public Prosecutions (DPP) offering a plea of guilty to robbery in company and asked that reference to a knife used in the robbery be deleted from the facts.
After two months of negotiations, the DPP agreed to amend the charge to a robbery in company which carries a lesser penalty.
Our client was sentenced at Parramatta District Court to 2 years imprisonment.
Our team was able to successfully argue that the term of imprisonment could be suspended under section 12 because the seriousness of the offence was towards the lower end of the scale. The Judge agreed and suspended the sentence.
This was an excellent result for our client.
Our client and his friend were both charged with robbery armed with a knife of a pizza delivery driver. Our client instructed us that at no stage did he use a knife.
Our dedicated Criminal Lawyers entered into extensive negotiations with the Director of Public Prosecutions (DPP), offering a plea of guilty to robbery in company, without being armed .
After two months of negotiations, the DPP agreed to amend the charge to a robbery in company, which carries a lesser penalty.
Our client was sentenced at Parramatta District Court before Judge Sides. The judge sentenced our client to a term of imprisonment of 2 years, to reflect the seriousness of the offence.
Our team was able to successfully argue that the term of imprisonment could be suspended, because the seriousness of the offence was towards the lower end of the scale.
The Judge agreed and suspended the sentence on a good behavior bond.
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