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Robbery etc or stopping a mail, being armed or in company

Offence title:

 

Robbery etc or stopping a mail, being armed or in company

Act:

 

97 Crimes Act (NSW)

Offence:

(1)   A person who is armed with an offensive weapon, or instrument,  or is with another person and robs, assault with intent to rob, any person, or stops any mail, vehicle, train or person conveying mail, with intent to rob or search the same, commits an offence.

 

(2)   If an offence set out in (1) above is committed with a dangerous weapon, this constitutes an aggravated offence of robbery.

 

Penalty:

 

(1)   Imprisonment 20 years

 

(2)   Imprisonment 25 years

 

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

District or Supreme Court.

 

How committed:

 

(1)   Person A attends a petrol station late at night with a baseball bat and threatens to hit the attendant with it unless the attendant hands over the takings from the till.

 

(2)    Person A and Person B together attend a petrol station late at night with guns and threatens to shoot the attendant with them unless the attendant hands over the takings from the till.

 

Important note:

Robbery can be simply defined as: stealing from another person and at the time of stealing a threat of violence, or actual violence, is inflicted on the victim.

 

Alternative verdict: If a person is charged with an offence under (2) and a jury is not satisfied of the elements but they are of an offence under (1), the jury may find a person guilty of the offence under (1).

 

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