Section 97 of the Crimes Act 1900 (NSW) makes it an offence to commit aggravated armed robbery either individually or in company. The maximum penalty for this offence is 25 years imprisonment.
In order to be convicted of this offence, the prosecution must prove beyond reasonable doubt that:
- You were armed with a dangerous weapon; and
- You robbed, or assaulted with intent to rob, another person, or stopped any mail, or vehicle, railway train, or person conveying mail, with intent to rob, or search the same.
If the police allege that the robbery was committed in circumstances of aggravation, they must also prove one of these elements:
- You used corporal violence on any person; or
- You recklessly or intentionally inflicted actual bodily harm on any person; or
- You deprived any person of his or her liberty.
If any of the above elements are not proven beyond reasonable doubt then you will not be found guilty of murder.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
The property was taken pursuant to a claim of right made in good faith
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