Armed Robbery Or Robbery In Company – s 97 Crimes Act

Charged with an offence of armed robbery, or robbery in company can drastically change your life. Our Criminal Defence Lawyers have secured exceptional results for some of Australias complex robbery cases in history. They hold a reputation for proving their clients innocence, and getting charges dropped early countless times for over 2 decades.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.

Your Options in Court

You can only be found guilty, to robbery armed or in company, if police can prove each of the following elements, beyond a reasonable doubt, in court:

Where the offence is ‘robbery, being armed or in company’:

  • You took property from the victim; and
  • You intended to steal at the time; and
  • You used violence or put the victim in fear; and
  • You were armed with an offensive weapon, or were in company with others at the time.

Where the offence is ‘assault with intent to rob, being armed or in company’:

  • You assaulted the victim i.e. Physical or non physical; and
  • You intended to steal property from the victim or another person; and
  • You used violence or put the that person in fear; and
  • You were armed with an offensive weapon, or were in company with others at the time.

You will be found not guilty, and your charge dismissed, if police are unable to prove each of those elements under your offence.

Defences to this charge

You will be Not Guilty if:

  • Not in company: You, or someone else, was merely keeping watch, or where you or another was not willing to assist if required. Or where you didn’t know, nor did you expect the victim to know of your presence.
  • You didn’t know the existence of the offensive weapon, or if you knew its existence, you didn’t intend to exercise exclusive control over it.
  • Claim of right: Where you believed the property taken was yours, or you were entitled to take it.
  • Mistaken identity.
  • Mental illness defence: Where you were suffering a mental illness that caused you to, have no control, or you didn’t know the nature and quality of your actions, or if you did you didn’t know the wrongness of your conduct.
  • Intoxication: your level of intoxication from alcohol or drugs precluded you from forming the required intention to steal.
  • Duress or Necessity: Where you did it to avoid serious harm, or as a result of coercion or threats.

Your charge will be dismissed if any one of the the above defences apply to your case.

Our criminal defence lawyers have an exceptional track record of getting charges dropped early, and proving their clients innocence on countless occasions for over 20 years. Call now on (02) 8606 2218 for your free initial advice and guidance on how to strengthen your defence early.

Pleading guilty to robbery armed or in company is taken very seriously. Speak to an experienced specialist for accurate and realistic guidance to protect your future. See the following tips and methods of best preparing your case to put yourself in the best possible position.

25% Discount on punishment

Pleading guilty at the earliest time will entitle you to a 25% discount on punishment, resulting in a more lenient outcome.

Its critical to receive early advice on your case, as this discount reduces in time, the later it is entered in court.

Good character references

It’s important to gather powerful letters from family, friends, work, charity and letter of apology from you, ready for the Judge to read. Done properly, the Judge can give further leniency, giving you a better court result.

Each letter should comment on your remorse, insight, good character, and shame for best results. Our lawyers can guide you through the process.

Negotiate to drop charges

By carefully analysing the police evidence, you can convince police to drop your charges early by tactfully pointing out all the holes in the evidence.

Our senior lawyers specialise in doing just that. Having developed highly effective techniques and skills, they have an exceptional reputation and track record of successfully achieving this many times for over 20 years.

Negotiate facts

The police set of facts is what the Judge reads before giving a punishment. It expresses what you plead guilty to in detail, and is usually first drafted by police. For this reason, it is often one sided, putting you in the worst possible light to the Judge, resulting in a heavier punishment.

By pointing out the holes in the evidence, and careful negotiations with police, our lawyers often change the facts to something more favourable to their clients. This usually results in a much more lighter punishment and better outcome in court.

Psychologist reports

Your court result can be significantly improved, with a much more lenient outcome by getting a court report from a highly respected psychologist or psychiatrist hand picked by one of our experts for the Judge to read.

For best possible results, the report should comment on your mental state at the time, remorse, shame, insight and contrition for your actions.

Maximum penalty

The maximum punishment for armed robbery, or robbery in company, is a term of imprisonment of up to 20 years.

If you were armed with a ‘dangerous weapon’ at the time, the maximum is a term of 25 years imprisonment.

The guideline case of R v Henry (1996) generally guides the Judges to give punishments of between 4 to 5 years prison in the ordinary case of armed robber or robbery in company. Off course, the Judge is required to consider a large number of things, including, level of planning, extent of involvement, nature of the weapon, number of people present to assist, intensity of the threat or violence, addictions etc.

The maximum, and Henry’s case is only used as a guide. The maximum is rarely given, and only reserved for the most serious cases.

Types of penalties

  1. Section 10 Dismissal
  2. Conditional Release Order
  3. Fine
  4. Community Correction Order
  5. Intensive Correction Order
  6. Full Time Imprisonment

For securing you maximise your chances at getting the best possible result in court for your charge of armed robbery, or robbery in company, speak to our leading senior criminal defence lawyers. They hold over 2 decades of experience in specialising in robbery cases, and considered one of the best in Australia.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.