Penalty for Robbery with Arms and Wounding | Section 98 Crimes Act NSW

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The maximum penalty for the offence of robbery with arms and wounding is 25 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.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

In the Higher Courts

Robbery being armed and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 2 6.7%
Imprisonment 28 93.3%

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.

Robbery in company and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 35 100%

The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.

Assault with intent to rob whilst armed and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 1 6.3%
Imprisonment 15 93.8%

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.

Assault with intent to rob whilst in company and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 4 100%

The average full term prison sentence imposed for the offence is 6.5 years and the average non-parole period (the minimum term in prison) is 3 years.

Accessory before the fact to robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

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 1 year.

Aid, abet, counsel or procure etc robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2.5 years.

Accessory after the fact to robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 9 Bond 2 50%
Fine Only 0 0%
Section 12 Suspended Sentence (repealed penalty) 1 25%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 25%

The average full term prison sentence imposed for the offence is 12 years and the average non-parole period (the minimum term in prison) is 8 years.

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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