Armed robbery is a charge that courts treat with exceptional seriousness. In New South Wales, section 98 of the Crimes Act 1900 (NSW) carries a maximum penalty of 25 years' imprisonment. That figure alone separates it from most property offences and explains why the charge requires careful, specialist legal handling from the first moment it is laid.
What section 98 actually requires prosecutors to prove
Armed robbery is not simply robbery with a weapon nearby. Prosecutors must establish several distinct elements, and each one must be proved beyond reasonable doubt.
First, there must be a completed robbery: the accused person took property belonging to another person, using force or the threat of force, and intended to permanently deprive that person of the property. Second, at the time of the robbery, the accused person must have been armed with an offensive weapon or instrument. Third, prosecutors must prove that the accused person knew the weapon or instrument was present.
An "offensive weapon or instrument" covers a broad range of objects. Firearms, knives, and baseball bats are obvious examples. Courts have also treated syringes, bottles, and even replica firearms as offensive weapons in appropriate circumstances. The key question is whether the object was capable of causing bodily harm, or was used in a way that created a reasonable apprehension of harm.
Aggravating circumstances that increase the maximum penalty
Section 98 is already a serious charge. Certain aggravating circumstances push the maximum penalty even higher under the Crimes Act, including robbery in company (committing the offence with one or more other people), wounding the victim, or using a firearm as defined under the Firearms Act 1996 (NSW). A robbery in company while armed can attract a maximum of life imprisonment in the most serious cases. The Firearms Act 1996 (NSW) governs what counts as a firearm for the purposes of that aggravation.
These aggravating features are not automatic add-ons. Prosecutors must specifically charge them, and the jury must be satisfied of each element beyond reasonable doubt.
How courts sentence armed robbery
Sentencing an armed robbery matter is a fact-intensive exercise. Judges weigh the objective seriousness of the offence, including how the weapon was used, how vulnerable the victim was, whether any injury occurred, and the degree of planning involved. A spontaneous offence with a low-value target sits at the lower end of the range. A planned robbery of a commercial premises, carried out with a loaded firearm and multiple co-offenders, sits near the maximum.
Personal circumstances also matter, but they carry less weight in armed robbery than in less serious matters. Courts have repeatedly held that general deterrence is a significant sentencing consideration for this offence. A plea of guilty entered at an early stage typically attracts a discount of up to 25 percent on sentence. That discount reduces progressively the later the plea is entered. Understanding how sentence discounts interact with the objective seriousness of the offence is one reason a robbery charge requires specialist advice before any decision about a plea is made.
Common defences to armed robbery
Several defences apply, and which one is available depends on the specific facts of the case.
- Identity: Disputed identification is the most common defence. If there is genuine doubt that the accused person was the person who committed the robbery, that doubt must result in acquittal. CCTV quality, witness reliability, and lighting conditions all become critical issues.
- Absence of an offensive weapon: The prosecution must prove the weapon was present. If the object used was not capable of causing harm, or was not present at all, the charge may fall back to a lesser offence such as robbery in company or simple robbery.
- Duress: If the accused person committed the robbery because of an immediate, serious threat to their life or the life of another person, duress is available as a complete defence. The threat must be operative at the time of the offence and must leave no reasonable avenue of escape.
- Mental illness: A significant mental health condition at the time of the offence may support a defence of mental illness, leading to a special verdict rather than a conviction.
Whether a defence is viable, and how to run it effectively, depends on the evidence the prosecution holds. That is why reviewing the brief of evidence before a trial starts is not optional. It is where the defence is built.
What to do if you are charged with armed robbery
Do not answer police questions before speaking to a lawyer. The right to silence in Australia means you can decline to answer police questions without that silence being used against you in most circumstances. Anything you say at the police station, on the other hand, becomes part of the records of interview and can be placed before the jury at trial.
Engage a criminal law specialist as early as possible. Armed robbery matters invariably proceed on indictment to the District Court or Supreme Court. The period between charge and trial involves committal proceedings, potential bail hearings, and disclosure of the full brief of evidence. Each stage has procedural rules that affect what options are available later. Missing a step, or making a concession at the wrong time, can foreclose a viable defence.
Ann Valos Criminal Law handles armed robbery matters and serious property offences across New South Wales. The firm's accredited criminal law specialists bring more than 30 years of combined experience to matters that carry this level of consequence. Early advice is not just useful. It shapes every decision that follows.