Robbery in Circumstances of Aggravation
In NSW it is an offence to steal something from someone by threatening them or using physical force to take the item. The offence is known as ‘robbery’. It is a more serious offence if you commit the offence “in circumstances of aggravation”. The legislation sets out the certain circumstances or matters which make the offence more serious. This offence is known as “Robbery in Circumstances of Aggravation”.
A person can be charged with the offence if they commit an offence of robbery in circumstances whereby they use violence, inflict an injury or deprive a person of their liberty.
The maximum penalty for this offence is 20 years imprisonment.
The Offence of Robbery in Circumstances of Aggravation
The offence of Robbery in Circumstances of Aggravation is contained in section 95 Crimes Act 1900 and states:
- Whosoever robs, or assaults with intent to rob, any person, or steals any chattel, money, or valuable security, from the person of another, in circumstances of aggravation, shall be liable to imprisonment for twenty years.
- In this section,
- “Circumstances of aggravation” means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
- The alleged offender uses corporal violence on any person,
- The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
- The alleged offender deprives any person of his or her liberty.
- “Circumstances of aggravation” means circumstances that (immediately before, or at the time of, or immediately after the robbery, assault or larceny) involve any one or more of the following:
What Actions Might Constitute the Offence of Robbery on Circumstances of Aggravation?
Examples of Robbery in Circumstances of Aggravation include:
- Stopping a woman in an alleyway and demanding she hand over her handbag. When she doesn’t, punching her in the face causing a split lip and running away with the handbag;
- Tying a delivery man to a pole, threatening to bash him and stealing his parcels.
What the Police Must Prove
To convict you of Robbery in Circumstances of Aggravation the prosecution must prove each of the following matters beyond a reasonable doubt:
- You unlawfully took and carried away property
- The property was taken from another person or from under their control;
- The property was taken against the will of the other person, either by force or by putting the other person in fear;
- It was taken with the intention of permanently depriving the person of such property;
- The offence occurred in circumstances of aggravation. This includes:
- You used corporal violence on any person,
- You intentionally or recklessly inflicted actual bodily harm on any person,
- You deprived any person of his or her liberty.
- That you had no lawful excuse for acting in the above manner.
Possible Defences
The common ways to defend this charge are:
- To argue that you had a lawful claim of right over the property;
- To argue that you did not take and carry away the property;
- To argue that the property was not taken from another person;
- To argue that the property was not taken against the will of the other person;
- To argue that you did not possess an intention to permanently deprive the person of the property;
- To argue that you did not do so in one of the circumstances of aggravation (corporal violence, infliction of actual bodily harm or deprivation of liberty).
Which Court Will Hear Your Matter?
The charge is a strictly indictable offence which means that the matter must be finalised in the District Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.