Penalty for Robbery While Armed or In Company | Section 97 Crimes Act NSW

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The maximum penalty for the offence of robbery while armed or in company is 20 years in prison.

However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.

These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.

In the Higher Courts

Robbery armed with an offensive weapon – section 97(1)

The most common penalty imposed for robbery armed with an offensive weapon under section 97(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then children’s court penalties.

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2.5 years.

Robbery in company – section 97(1)

The most common penalty imposed for robbery in company under section 97(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order with conviction, then conditional release order without conviction, then children’s court penalties.

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.

Assault with intent to rob whilst armed with an offensive weapon – section 97(1)

The most common penalty imposed for assault with intent to rob whilst armed with an offensive weapon under section 97(1) of the Crimes Act is imprisonment, followed by intensive correction order.

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Assault with intent to rob whilst in company – section 97(1)

The most common penalty imposed for assault with intent to rob whilst in company under section 97(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order and children’s court penalties.

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Accessory after the fact to robbery, etc, being armed or in company – section 97(1)

The most common penalty imposed for accessory after the fact to robbery, etc, being armed or in company under section 97(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order with conviction, then conditional release order without conviction.

The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 14 months.

Aggravated robbery, etc, being armed with a dangerous weapon – section 97(2)

The most common penalty imposed for aggravated robbery, etc, being armed with a dangerous under section 97(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.

The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Aggravated assault with intent to rob, being armed with a dangerous weapon – section 97(2)

The most common penalty imposed for aggravated assault with intent to rob, being armed with a dangerous weapon under section 97(2) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order.

The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Accessory after the fact to aggravated robbery, etc, being armed with a dangerous weapon – section 97(2)

The most common penalty imposed for accessory after the fact to aggravated robbery, etc, being armed with a dangerous weapon under section 97(2) of the Crimes Act is imprisonment and children’s court penalties.

The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 1 year.

For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.

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