Criminal Defence Lawyers for Robbery with Wounding

Robbery With Wounding – s 96 Crimes Act

Faced with an offence of robbery with wounding is extremely daunting for you and those close to you. Our criminal defence lawyers specialise in robbery cases, having won countless of Australia’s most complex robbery trials, and convinced police to drop these charges a number of times for over two decades.

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

Your Options in Court

PLEADING NOT GUILTY

You can only be guilty to robbery with wounding if police can prove each of the following elements in court, beyond a reasonable doubt:

Where the offence is ‘robbery in circumstances of aggravation with wounding’:

  • You took property from the victim’s immediate control or presence; and
  • You intended to steal; and
  • You used violence, or put the victim in fear; and
  • You used physical violence on any person, or inflicted actual bodily harm(i.e. Bruising) to any person, or deprived anyone of their liberty; and
  • You wounded or inflicted grievous bodily harm on someone. i.e. Breaking or cutting of the interior layer of the skin, split lip, or any permanent or serious disfiguring.

Where the offence is ‘assault with intent to rob in circumstances of aggravation with wounding’:

  • You assaulted the victim; and
  • You intended to steal property from either the victim or another person; and
  • You used violence or did something to put him/her in fear; and
  • You used physical violence on a person, or caused bruising, or deprived anyone of their liberty; and
  • You wounded or caused grievous bodily harm on someone. i.e. Any breaking or cutting of the interior layer of the skin such as split lip or any permanent or serious disfiguring.

Where the offence is ‘stealing from person in circumstances of aggravation with wounding’:

  • You stole a chattel, money or valuable security from the victim; and
  • Around that time you used physical violence, or intentionally or recklessly caused bruising, or deprived a person of their liberty; and
  • You caused any person to be wounded or inflicted grievous bodily harm. i.e. Breaking the interior lawyer of skin, or any permanent or serious disfiguring.

Your charge will be dismissed, and you will be not guilty, if police are unable to prove each of those elements under the particular charge your faced with.

Defences to this charge

You will be Not Guilty if:

  • You didn’t intend to steal.
  • Mental illness defence: Where you were suffering a mental illness which caused you to not know the nature or quality of your actions, or not know whether your actions were wrong, or not have control of your actions.
  • Intoxication: Where you were intoxicated at a level you could not form the intention to steal.
  • With use of a highly respected medical expert, your actions didn’t cause the person to be wounded or receive any permanent or serious disfiguring.
  • Mistaken identity.
  • Duress or Necessity: Where you did this to prevent serious harm or because you were coerced.
  • Self defence.

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

Our criminal defence lawyers specialise in getting these charges dropped early, with a proven record of success at achieving this, and in securing not guilty verdicts in court, countless times for over two decades. Speak to them for how to strengthen your defence by calling (02) 8606 2218.

PLEADING NOT GUILTY

If pleading guilty to an offence of robbery with wounding, see the below critically important steps to take, and tips, on how to best prepare your case to maximise your chances at getting the best possible outcome.

25% Discount on punishment

Pleading guilty to robbery with wounding at the earliest time will give you a 25% discount on punishment by the Judge. This results in a more lenient result in court.

This discount continued to reduce the later the plea of guilty is entered. For this reason, its critical to receive highly experienced advice as early as possible.

Good character references

Gathering letters for the Judge to read from family, friends, work, charity, and letter of apology from you, can allow the Judge to give you further leniency in your court outcome.

For best results, each letter should express your good character, remorse, shame, and understanding about your offending conduct. You should be guided by an experienced lawyer.

Negotiate to drop charges

By carefully going through the police evidence, pointing out all the holes in it, and using this tactfully when negotiating with police, you can maximise your chances at getting your charges dropped early.

Our senior lawyers specialise in doing just that, and have an exceptional track record of achieving this countless times for over 2 decades.

Negotiate facts

The police set of facts is initially drafted by police to be handed to the Judge to read, which expresses the police version of what, and how you committed the offence. It is what you plead guilty to, and can often be one sided, making you look worse than you should. This often results in a worse punishment.

Our senior lawyers often put a stop to this, by throughly negotiating with police to change these facts, expressing you in a much more favourable light when the Judge reads it. This can significantly improve your court outcome with much more leniency.

Psychologist reports

Getting a powerful court report, from a well respected and experienced psychologist or psychiatrist, for the Judge to read can significantly improve your result. This can often results in a much more lighter punishment.

For best results, the report should comment on your mental state, remorse, insight, and embarrassment for committing the offence. Our senior lawyers will carefully select the best suited expert for you.

Maximum penalty

The maximum punishment for robbery with wounding is a term of imprisonment of 25 years.

It sounds scary, but the maximum punishment is only given to the most serious cases. In fact, its rarely given.

The Judge will look at many factors, including the above essential one’s, when considering your punishment. This includes the ‘Henry’s guideline judgment’ which tells court to generally give punishments of 4-5 years imprisonment in the usual case. The other factors considered are, the extent of your involvement, reason you did it, any drug addiction, your prospects of rehabilitation, prior criminal records, level of planning etc.

Types of penalties

The Judge will give you any one of the following possible kinds of punishment available under the law for this offence. You will receive one of these depending on the above points:

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

Speak to an experienced criminal defence lawyer to place your future in the safest of hands. Our senior lawyers specialise in robbery with wounding cases, with a proven success record in getting exceptional results for over 20 years. They will work around the clock to ensure you are in the best possible position.

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

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