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Armed Robbery Offences

Armed Robbery Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with armed robbery is one of the most serious criminal allegations in New South Wales. It carries the risk of a lengthy prison sentence, a permanent criminal record, and significant long-term consequences for your employment, travel, and reputation. If you are facing these charges, obtaining experienced criminal defence representation is essential.

At Douglass & Ford, we understand the pressure and fear that comes with serious indictable charges. With over 20 years of combined experience, our armed robbery defence lawyers provide strategic, clear, and urgent legal advice. We carefully examine the prosecution case, challenge the evidence, and work to achieve the best possible outcome, whether that is a charge reduction, acquittal, or minimising sentence severity.

How our armed robbery defence lawyers can help you

We understand that being charged with armed robbery is life-changing. Our priority is to protect your future through:

  • Detailed analysis of prosecution evidence: We examine CCTV footage, witness statements, police procedures, and forensic evidence to identify weaknesses in the case.
  • Challenging identification and intent: Many armed robbery cases rely heavily on identification or assumptions about intent. We rigorously test whether the prosecution can prove these elements beyond reasonable doubt.
  • Negotiating charge reductions: Where appropriate, we engage early with the Office of the Director of Public Prosecutions to seek withdrawal or downgrade of charges, such as from armed robbery to lesser theft offences.
  • Strong bail applications: We act urgently to secure bail where possible, preparing detailed submissions addressing risk, character, and community ties
  • Trial defence strategy: We build comprehensive defences for trial matters, including cross-examining witnesses and challenging inconsistencies in the prosecution case.
  • Sentencing advocacy: If a guilty plea is entered or a conviction is likely, we focus on intensive sentencing submissions to reduce penalties and avoid the harshest outcomes.
  • Legal Aid support: We assist eligible clients through Legal Aid and understand the complexities of panel requirements for serious indictable offences.

What constitutes armed robbery?

In New South Wales, robbery becomes “armed robbery” when force or intimidation is used while carrying a weapon or offensive instrument.

To prove armed robbery, the prosecution must establish beyond reasonable doubt that:

  • You committed or attempted to commit a theft
  • Force, violence, or intimidation was used immediately before or during the act
  • You were armed with a weapon or offensive instrument (or appeared to be)
  • You intended to permanently deprive the owner of property

A “weapon” can include firearms, knives, imitation firearms, or any object used or intended to be used to threaten or intimidate.

Types of penalties for armed robbery

Armed robbery is treated as an indictable offence and is usually heard in the District Court.

  • Imprisonment (maximum penalty up to 20 years): This is the most serious penalty and is commonly imposed in aggravated or repeat cases.
  • Intensive Correction Order (ICO): In limited circumstances, a custodial sentence may be served in the community under strict supervision.
  • Community Correction Order (CCO): May be imposed for lower-range offending depending on circumstances.
  • Section 10 (non-conviction): Rare in armed robbery cases but may be considered in exceptional circumstances involving reduced culpability.
  • Fines or ancillary orders: Less common due to the seriousness of the offence.

Factors the court considers in armed robbery cases

When determining penalty, the court will consider:

  • Level of violence or intimidation used
  • Type of weapon involved (real, imitation, or implied)
  • Planning versus opportunistic offending
  • Extent of harm or psychological impact on the victim
  • Prior criminal history
  • Plea of guilty and timing of plea
  • Prospects of rehabilitation

Common robbery-related offences and penalties in NSW

 

Offence Type

Definition

Maximum Penalty (District Court)

Robbery (basic)

Theft involving force or intimidation without a weapon

Up to 14 years imprisonment

Armed Robbery

Robbery involving a weapon or offensive instrument

Up to 20 years imprisonment

Robbery in Company

Robbery committed with another person

Up to 20 years imprisonment

Aggravated Armed Robbery

Armed robbery with serious aggravating factors (violence, threats, or injury)

Up to 20 years imprisonment

While these are the maximum penalties, courts consider individual circumstances when sentencing.

Legal defences to armed robbery

Depending on the facts, you may have a valid defence, including:

  • No intent to steal: You did not intend to permanently deprive the owner of property.
  • Mistaken identity: You were incorrectly identified as the offender.
  • Duress: You were forced to commit the offence under threats of serious harm.
  • Lack of participation: You were present but not involved in the offence.
  • Challenging evidence: The prosecution cannot prove all elements beyond reasonable doubt.

Get expert legal advice on your armed robbery charge

If you are facing armed robbery allegations, early legal intervention can make a significant difference to your outcome. Our team is ready to act quickly to protect your rights and build your defence.

Call (02) 4423 4115
Email Address: 89 Plunkett St, Nowra NSW, 2541

Suburbs we serve

We provide specialist criminal defence representation for armed robbery and serious indictable offences across:

Nowra & Shoalhaven

  • North Nowra
  • South Nowra
  • Bomaderry
  • Worrigee
  • Berry
  • Gerringong
  • Shoalhaven Heads
  • Vincentia

Southern Shoalhaven

  • Sanctuary Point
  • St Georges Basin
  • Ulladulla
  • Milton

Batemans Bay & Eurobodalla

  • Batehaven
  • Catalina
  • Nelligen
  • Mogo
  • Malua Bay
  • Broulee
  • Moruya
  • Narooma

Southern Highlands

  • Bowral
  • Mittagong
  • Moss Vale
  • Bundanoon
  • Robertson
  • Berrima
  • Hill Top

Queanbeyan & Monaro

  • Jerrabomberra
  • Googong
  • Bungendore
  • Braidwood
  • Cooma
  • Surrounding Snowy Monaro district

Do you need legal assistance?

Our team is ready to assist you.

Frequently asked questions

Is armed robbery a strictly indictable offence in NSW?
Yes. Armed robbery is a serious indictable offence and is typically heard in the District Court due to its severity.
Can you get bail for armed robbery charges?
Bail is possible but difficult. It depends on factors such as criminal history, strength of evidence, and risk to the community. We prepare detailed bail applications to improve your chances.
What is the difference between robbery and armed robbery?
Robbery involves force or intimidation. Armed robbery involves the added element of a weapon or offensive instrument being used or implied.
Can armed robbery charges be dropped?
Yes, in some cases. Charges may be withdrawn or downgraded if evidence is weak, identification is unreliable, or legal defences apply.
Do I have to speak to police if I’m arrested?
No. You have the right to remain silent. Anything you say can be used as evidence. It is strongly recommended you speak to a lawyer first.
What is the minimum sentence for armed robbery?
There is no fixed minimum sentence. Penalties vary widely depending on the seriousness of the offence and mitigating factors.
Will I go to jail for armed robbery?
Custodial sentences are common, but outcomes depend on the facts. Strong legal representation can significantly impact sentencing outcomes.
What if I was not holding the weapon?
You can still be charged if you were involved in the robbery or acted jointly with others, even if you did not personally carry the weapon.