Aggravated Robbery

The offence of aggravated robbery is a serious indictable offence within the NSW justice system, and a conviction can result in severe consequences for the accused. As such, it is necessary that charges of aggravated robbery are dealt with seriously and with the support of experienced criminal lawyers.

The team at Hamilton Janke lawyers has years of experience defending individuals accused of aggravated and armed robbery offences, and will be able to offer expert advice and action to ensure you receive the best possible outcome.

What is Aggravated Robbery?

As outlined under section 95 of the Crimes Act 1900 (NSW), an ‘aggravated robbery’ occurs when a robbery is committed in ‘circumstances of aggravation’. 

These circumstances may involve one or more of the following: 

  1. The alleged offender uses corporal violence on any person 
  2. The alleged offender intentionally or recklessly inflicts actual bodily harm on any person 
  3. The alleged offender deprives any person of his or her liberty

Robbery Offence

Explicitly, robbery is the use or threatened use of violence to facilitate the act of stealing.

As outlined in section 94 of the Crimes Act 1900, stealing becomes robbery when violence or the threat of violence is used when stealing an item. 

The elements of robbery include the accused: 

  • Taking property from someone else 
  • Using force, coercion or threats to do so 
  • Not having consent to take the property 

Difference Between Theft and Aggravated Robbery

Theft, also referred to as larceny, is the act of the unauthorised removal of another’s property, with the intention of permanently depriving the owner of it. 

As outlined by the Crimes Act 1900, if a person deals with property dishonestly, without the owner’s consent and intends to deprive the owner of their property, or make a serious encroachment on the owner’s proprietary rights, then they are guilty of theft. 

Larceny differs from aggravated robbery as, by nature, it is generally a non-violent offence. Additionally, larceny does not involve the unlawful entry with the intent to commit the offence. 

The maximum penalty for larceny is 5 years imprisonment in accordance with section 154A of the Crimes Act 1900.

Is Aggravated Robbery an Indictable Offence?

As defined by the Criminal Procedure Act 1986 (NSW), an indictable offence is “an offence that may be prosecuted on indictment”. This means indictable offences are serious matters in which the court can sentence the accused to time in prison. 

Aggravated robbery is a serious offence, and can result in a maximum penalty of 20 years imprisonment. As such, aggravated robbery is an indictable offence and thus is to be prosecuted in either the district or supreme court.

Penalty for Aggravated Robbery Offence in NSW

As a serious indictable offence, the charge of aggravated robbery can attract significant penalties if you are found guilty of this offence. 

As specified in section 95 of the Crimes Act 1900, the maximum penalty for aggravated robbery is imprisonment of 20 years. 

Additionally, if an individual commits a robbery, in which grievous bodily harm is inflicted on a person they can be charged with ‘Robbery with wounding’ and are liable to a maximum sentence of 25 years imprisonment. 

Due to the offence’s violent nature, most robbery charges result in a likely prison term; however, the court has the power to exercise discretion in sentencing through the enforcement of other penalties. These include; 

  • Intensive correction orders 
  • Home detention 
  • Community service orders 
  • Good behaviour bonds 
  • Fines 
  • Suspended sentences 

The penalty received, and the severity of the penalty is dependent on the consideration of the nature of the offence in question and any personal mitigating or aggravating circumstances.

What Makes a Crime Aggravated?

An aggravated crime is a crime that occurs in ‘circumstances of aggravation’. When outlining the offence of ‘aggravated robbery’ Section 95 of the Crimes Act 1900 (NSW) states 

“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:

  1. The alleged offender uses corporal violence on any person,
  2. The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
  3. The alleged offender deprives any person of his or her liberty.


If found guilty of any of the actions, you will be charged with the criminal offence of aggravated robbery and liable to penalties enforced by the NSW judiciary system.

Defences for Aggravated Robbery in NSW

There are various criminal defences that may be argued by the defense to rebut the charge of ‘aggravated robbery’. Successful use of these defences can lead to an acquittal where you are found not guilty of the offence. Our experienced team at Hamilton Janke lawyers can advise you on possible criminal defences that may be applicable to your circumstances. 

These defences include, but are not limited too: 

  • Duress: That the accused was coerced into participating in criminal activity 
  • Necessity: The accused only partook in an illegal act to avoid imminent danger by human or natural forces  
  • Self Defence: Accused committed an unlawful act to defend themselves, another person or property 
  • Honest claim of right: The accused has a bona fide claim in which they believe they’re entitled to the property that was stolen

Pleading Not Guilty to Aggravated Robbery in NSW

If you disagree with the charges made against you, you have the option to plead not guilty. Upon entering a not-guilty plea, to be convicted of the offence the prosecution must prove the elements of the offence beyond a reasonable doubt. 

If you choose to enter a not-guilty plea, the matter will likely proceed to a trial in which your case would be heard before a judge and a jury of 12 citizens. This allows you to provide a defence to the charges made against you if you choose to do so. In these circumstances, an experienced criminal lawyer is necessary to guide you through the criminal proceedings and ensure you receive the best outcome. 

Our team at Hamilton Janke Lawyers can offer expert advice and 24/7 support during this time. We can advise on the various possible defences to aggravated robbery charges that may be applicable to the individual circumstances.

Pleading Guilty to Aggravated Robbery in NSW

 If you choose to plead guilty to a charge of aggravated robbery,you are telling the Court that you are responsible for the offence with which you are charged. 

After entering a guilty plea, the matter will process to sentencing, in which the judge will determine the appropriate sentencing. 

Pleading guilty early in proceedings provides the greatest opportunity for a mitigated sentence, with the current maximum discount available for an early plea being 25%. There may also be other discounts available on sentences for providing assistance to authorities, amongst other things.

Burden of Proof

As a criminal matter, the burden of proof for charges of aggravated robbery rests with the prosecution. 

This means that for a conviction to occur, the prosecution must prove beyond reasonable doubt that: 

  1. You with the intent to steal;
  2. Took property;
  3. From the victim’s immediate control or presence;
  4. By the use of violence or by putting the victim in fear;
  5. In circumstances of aggravation immediately before, at the time of or immediately after the assault.


If the prosecution is unable to prove these elements beyond a reasonable doubt then you will be acquitted, and any charges made against you will be dismissed.

Need the best Aggravated Robbery Lawyer in NSW?

If you are being charged with robbery offences in NSW, it is vital that you seek legal advice and legal representation. An experienced criminal defence lawyer will be able to advise you on how to proceed and assist you through every step of the process. Contact our expert Criminal Lawyers now.

Recent Articles

Meet Your Team

Play Video

Get Legal Advice

Frequently Asked Questions

Play Video


Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.

Adam Baruzzi
Read More
I could not be happier with the services I received from my lawyer James Janke. He is extremely efficient and professional. He was responsive to my phone calls and emails and was available to answer any questions I had. I will definitely be using his services in the future if need be. Thanks again James.

5 Star Review
Joanne Graham
Read More
Where do I start!!! James Janke and his team saved my livelihood. From day dot I was reassured that there was, in fact a solution to my issue. James is knowledgeable and professional, even when dealing with my complex case. If you need help, don't hesitate. Hamilton Janke is the place to go.

5 Star Review