Armed Robbery With Wounding – s 98 Crimes Act
Faced with an offence of armed robbery and wounding will effect your loved one’s and change your life. Our criminal defence lawyers specialist in robbery cases with over 2 decades of highly expert experience in getting charges dropped early, and securing not guilty verdicts for their clients.
Your Options in Court
PLEADING NOT GUILTY
You can only be found guilty to this offence if police can prove each of the following elements, beyond a reasonable doubt, in court:
Where the offence is ‘robbery with arms and wounding’:
- You intended to steal from the victim; and
- You took property from the victim; and
- You were armed with an offensive weapon, or you were in company with others; and
- You used violence or put the victim in fear; and
- You wounded or inflicted grievous bodily harm on the victim ie broke or cut the interior layer of the skin, or caused serious or permanent disfiguring.
Where the offence is ‘assault with intent to rob with arms and wounding’:
- You assaulted the victim; and
- You intended to steal property from the victim or another person; and
- You were armed with an offensive weapon, or you were in company with another; and
- You used violence, or put the victim in fear; and
- You inflicted serious or permanent disfiguring, or broke or cut the interior layer of the victims skin.
You will be not guilty, and your charge dismissed, if police are unable to prove each of those elements of the offence you face.
Here, it doesn’t matter if you didn’t intend to cause the wounding.
Defences to this charge
You will be Not Guilty if:
- Not armed with offensive weapon: Where you didn’t know the existence of the offensive weapon.
- Not in company with others: Where you didn’t know the victim would know, nor did you expect the victim to know, of your presence and ability to assist in the robbery if called on to do so. Or where you were merely keeping watch and not willing to assist in the robbery.
- Claim of right: Where you believed you were entitled to the property.
- The victims wounds or grievous bodily harm wasn’t caused by you, or the injuries don’t amount a breaking or cutting of the interior layer of the skin, or any permanent or serious disfiguring.
- Mistaken identity.
- Mental illness defence: Where you were suffering a mental condition which caused you to not have control, not understand the nature or quality of your actions, or not know whether it was wrong.
- Intoxication: your level of intoxication from drugs or alcohol meant the court couldn’t find you had an intention to steal.
- Duress or Necessity: Where you did it to prevent serious harm or you did it due to threats or coercion.
- Self defence.
Your charge will be dismissed if any of those defences apply to your case.
Our senior lawyers have countlessly convinced police to drop charges early, and proved their clients innocence in court for over 2 decades. They are recognised as highly experienced leaders in robbery cases, and will know exactly how to strengthen your defence early.
If you decide to plead guilty to armed robbery with wounding, see the below important tips and ways on how to best prepare your case to achieve the best possible outcome.
25% Discount on punishment
Pleading guilty early enough to armed robbery with wounding will get you a 25% discount on your punishment from the Judge. This results in a more lighter punishment.
As this discount reduces with time the later a plea of guilty is entered, its critical to get early and urgent advice from an experience expert.
Good character references
Your court outcome can be more lenient by gathering letters expressing your good character, remorse, shame and insight into your conduct for the Judge to read.
These letters should come from people close to you, and include, family, friends, colleagues, charity and letter of apology from you. Our senior lawyers can assist in this process.
Negotiate to drop charges
An experienced lawyer can pick out the holes in the police evidence, by carefully analysing it and then tactfully approach police to convince them to drop the charge early.
Our senior lawyers specialise in achieving this. They hold an exceptional reputation for successfully getting charges dropped or downgraded early countless times for over 20 years.
The police set of facts is read by the Judge, initially drafted by police expressing what you plead guilty to in detail. This can often sound one sided, putting you in the worst possible light which often results in a heavier punishment by the Judge.
Our senior lawyers specialise in changing these facts before its read by the Judge. They often negotiate to change it to ensure it reflects you in a more favourable light, resulting in a much more lenient outcome. This if often achieved by pointing out the holes in the evidence after carefully analysing it.
Your court result can be improved with a more lenient punishment by getting a powerful psychologist or psychiatrist report to present to the Judge to read.
For best chances at achieving this, the report should come from a highly experienced and respected psychiatrist or psychologist. It should comment on your state of mind, remorse, shame, and insight. Our senior lawyer can hand select the best suited expert for your case.
The maximum punishment, for armed robbery with wounding, is a term of 25 years imprisonment.
The maximum is rarely given, and where it has it only to the most serious cases.
The case of R v Henry gives Judges a guide, which says that the courts should punish the ordinary offender, generally, with 4-5 years prison. The law also says that if this case is considered to be in the mid range of seriousness of these kinds of cases, the offender should receive prison for at least 7 years. But its important to know that these are not strictly applied, and used only as a guide.
The Judge will look at many factors, including those mentioned above, in giving punishment. This includes, your level of planning, sophistication, addiction, extent of involvement, degree of injury, vulnerability of victim.
Types of punishment
The Judge can give you any one of the following kinds of punishment depending on the above points:
- Section 10 non conviction
- Section 9 good behaviour bond
- Community Service Order
- Section 12 suspended sentence
- Intensive Corrections Order
- Home Detention
- Full Time Imprisonment
Speak to our team of senior lawyers or come in for a free initial consultation for realistic advice and guidance on how to maximise your chances at getting the best possible result. Our criminal defence lawyers have a track record of achieving exceptional results for armed robbery with wounding cases for over two decades.