Going to Court? Book Your Free First Appointment

Armed Robbery

Armed robbery is an offence under section 97 of the Crimes Act 1900 which carries a maximum penalty of 20 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that you:

  1. Were armed with an offensive weapon or instrument, or were in the company of another person or persons, and
  2. Robbed or assaulted another person with the intention to rob, or stopped any mail, person with mail, vehicle, train with the intention to rob or search.

The legislation does not define the word ‘rob’ however, the courts have found that it is where:

“the victim… [is] compelled by force or fear to submit to the theft”… It is not necessary that the offender applies force… It is enough that the offender by his or her conduct…Puts the victim in fear of violence”.

‘Offensive weapon or instrument’ means:

  1. A dangerous weapon, or
  2. Anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm

The maximum penalty increases to 25 years in prison where you were armed with a ‘dangerous weapon’ which is:

  1. A firearm or imitation firearm,
  2. A prohibited weapon, or
  3. A spear gun.

Defences to the charge include:

  1. Self-defence,
  2. Duress, and
  3. Necessity.

What Our Clients Say SEE ALL

  • ★★★★★

    The best result I could get

    Hi, I had a great experience with Tuan Phan as he greatly assisted me during…

  • ★★★★★

    Very fortunate and grateful

    I am very fortunate and grateful to have Fahim Khan represent me for my case.…

  • ★★★★★

    Thoughtful, patient, understanding

    My experience with Sydney Criminal Lawyers was fantastic. Despite a very difficult time in my…

  • ★★★★★

    Made the experience easy and as painless as possible

    Fred was an absolute legend. Made the experience easy and as painless as possible. Guided…

Going to Court? Call For Your Free First Appointment