Section 96 of the Crimes Act 1900 (NSW) makes it an offence to commit robbery with wounding. 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 robbed or assaulted with intent to rob any person; or
- You stole chattel, money, or valuable security from another person in circumstances of aggravation, meaning:
- 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.
and
- You wounded or inflicted grievous bodily harm on any person.
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:
- Duress
- Necessity
- Self-defence
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