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Armed Robbery

Robbery whilst armed with a dangerous weapon

Robbery whilst armed with a dangerous weapon is an offence under section 97(2) of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 25 years.

Robbery whilst armed with an offensive weapon is an offence under section 97(1) of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 20 years.

To prove this offence, the prosecution must show beyond reasonable doubt that:

• A person intended to steal, and

• That person took property from another person’s immediate control or presence, and

• The property was taken through the use of threats or force, causing the victim fear, and

• The person was in possession of a dangerous weapon.

The Crimes Act defines a dangerous weapon as:

• a firearm, or an imitation firearm, or

• a prohibited firearm, or

• a spear gu

The Crimes Act defines an offensive weapon as:

• a dangerous weapon, or

• any thing that is made or adapted for offensive purposes, or

• any thing that, in the circumstances, is used, intended for use or threatened to be used for offensive purposes, whether or not it is ordinarily used for offensive purposes or is capable of causing harm.

A defence that may be open to an accused person is a claim of right. For such a defence to a charge of robbery the accused must establish that he or she believed that he or she was entitled to take the property.