ARTICLE
25 September 2024

What is the likely penalty for robbery offences in New South Wales?

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Sydney Criminal Lawyers

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Discusses robbery offences in NSW including recent case example.
Australia Criminal Law

A Sydney man is facing charges of aggravated robbery, police pursuit, and take & drive conveyance over allegations he forcibly took a taxi from a driver.

Officers attached to Cumberland Police Area Command were patrolling Merrylands in Western Sydney at around 3:30am on Sunday, 15 September 2024 when they came across a silver coloured Toyota taxi on the roadside of Military Road.

The man in the driver seat was directed to remain stationary but allegedly refused to comply, driving the vehicle from the scene.

A pursuit is alleged to have commenced through to Yennora, when it was terminated on Loftus road due to safety concerns.

The unoccupied vehicle was located a short term thereafter at Koonoona Avenue in Villawood. A search of the vehicle was conducted during which a knife was located.

According to police, the 58-year-old taxi driver was approached by a man with a knife who made demands that he exit the vehicle. The driver complied.

A 24-year-old man was arrested in Wentworth Point at around 5.30pm on the same say and and taken to Granville Police Station, where he was formally charged with aggravated robbery (with an offensive weapon), take and drive conveyance without the owner's consent and engaging in a police pursuit.

He will appear in Parramatta Local Court to face the charges.

Robbery Offences in New South Wales

Robbery is sometimes considered a 'hybrid' offence, as it features aspects of both assault and larceny.

According to the courts, robbery offences involve acts whereby "the victim... [is] compelled by force or fear to submit to the theft... It is not necessary that the offender applies force... It is enough that the offender by his or her conduct...Puts the victim in fear of violence".

These offences are contained in sections 94 to 98 of the Crimes Act 1900, and can be summarised in the following table:

Offence Section of the Crimes Act 1900 Elements (ingredients) of the offence: the prosecution must prove beyond reasonable doubt that the defendant: Maximum prison term in years
Robbery or steal from person 94 Robbed or assaulted another person with intent to rob, or

Stole any chattel, money or valuable security from another person.

14
Robbery or steal from person in circumstances of aggravation 95
  1. Robbed or assaulted another person with intent to rob, or stole any chattel, money or valuable security from another person, and
  2. Did so in 'circumstances of aggravation'.
20
Robbery or steal from person in circumstances of aggravation with wounding 96
  1. Robbed or assaulted another person with intent to rob, or stole any chattel, money or valuable security from another person,
  2. Did so in 'circumstances of aggravation', and
  3. Wounded or inflicted grievous bodily harm.
25
Robbery or stopping mail while armed or in company 97
  1. Was armed with an offensive weapon or instrument, or was in the company of another person or persons, and
  2. Robbed or assaulted another person with the intention to rob, or stopped any mail, person with mail, vehicle or train, with the intention to rob or search.
25
Robbery with arms and wounding 98
  1. Was armed with an offensive weapon or instrument, or was in the company of another person or persons,
  2. Robbed or assaulted another person or persons with intent to rob, and
  3. Assaulted, wounded or inflicted grievous bodily harm on another person or persons, whether before, during or after the incident.
25

The prosecution will need to prove each element (ingredient) of the charged offence beyond a reasonable doubt to secure a conviction.

Definitions

The definitions for the purposes of the sections are as follows:

'Circumstances of aggravation' is where the defendant uses corporal violence, intentionally or recklessly inflicts actual bodily harm or deprives the liberty of any person immediately before, or at the time of, or immediately after the incident.

A 'wound' is the breaking of both layers of the skin, being the dermis and epidermis, and includes a 'split lip'.

'Grievous bodily harm' has been loosely defined by the courts as 'really serious harm'. It includes, but is not limited to, the destructions of a foetus other than by a medical procedure, any permanent or serious disfiguring and any grievous disease.

An 'offensive weapon or instrument' includes a dangerous weapon or anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm.

A 'dangerous weapon' is a firearm or imitation firearm, a prohibited weapon or a spear gun.

What are the Defences to Robbery Offences?

In addition to having to prove each ingredient of a robbery offence beyond a reasonable doubt, the prosecution will also need to disprove to the same high standard any legal defence raised by the evidence in the case.

The legal defences to robbery charges include self-defence, duress, necessity and 'claim of right' – the latter being where the defendant genuinely believed he or she was legally entitled to the whole of the subject property.

What Penalties Are Actually Imposed for Robbery Charges?

It is important to be aware that the maximum penalty for a robbery offence is reserved for the most serious cases.

In fact, the most severe penalty that can be imposed by a Local Court in relation to a single offence is 2 years. It is therefore useful to separate penalties actually imposed by way of cases finalised in the Local Court on the one hand, and cases finalised in a higher court such as the District or Supreme Court on the other.

According to the Judicial Commission of New South Wales, the actual penalties imposed for robbery offences in our state are as follows:

Section 94 – Robbery or stealing from the person

In the Local Courts

Robbery – section 94(a)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 1 0.6%
Conditional Release Order with Conviction 0 0%
Community Correction Order 25 15.2%
Intensive Correction Order 44 26.7%
Imprisonment 95 57.6%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 9 months.

Assault with intent to rob – section 94(a)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 1 2.8%
Conditional Release Order with Conviction 1 2.8%
Community Correction Order 0 0%
Intensive Correction Order 11 30.6%
Imprisonment 23 63.9%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 9 months.

Steal from the person (up to $2,000) – section 94(b)

Penalty type Number of cases Percent of cases
Section 10(1)(a) Dismissal 1 0.2%
Section 10(1)(c) Discharge 0 0%
Conditional Release Order Without Conviction 16 3.5%
Section 10A Conviction with No Other Penalty 3 0.7%
Fine Only 21 4.6%
Conditional Release Order with Conviction 8 1.7%
Community Correction Order 152 33.2%
Intensive Correction Order 86 18.8%
Imprisonment 171 37.3%

The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 7 months.

Steal from the person (>$2,000 and up to $5,000) – section 94(b)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 1 3.4%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 1 3.4%
Community Correction Order 8 27.6%
Intensive Correction Order 2 6.9%
Imprisonment 17 58.6%

The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 11 months.

Steal from the person value (>$5,000 and up to $15,000) – section 94(b)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 6 35.3%
Intensive Correction Order 3 17.6%
Imprisonment 8 47.1%

The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.

Steal from the person value (> $15,000) – section 94(b)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 6 months and the average non-parole period (the minimum term in prison) is 6 months.

In the Higher Courts

Robbery – section 94(a)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 4 7.7%
Intensive Correction Order 10 19.2%
Imprisonment 38 73.1%

The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1.5 years.

Assault with intent to rob – section 94(a)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 6 100%

The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.

Accessory after the fact to robbery, etc – section 94(a)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 2 66.7%
Intensive Correction Order 0 0%
Imprisonment 1 33.3%

The average full term prison sentence imposed for the offence is 1 years and the average non-parole period (the minimum term in prison) is 6 months.

Stealing from the person – section 94(b)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 1 3.1%
Community Correction Order 8 25%
Intensive Correction Order 5 15.6%
Imprisonment 18 56.3%

The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1.5 years.

Section 95 – Robbery in circumstances of aggravation

None of these cases were finalised in the Local Court.

In the Higher Courts

Aggravated robbery – section 95(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 7 5.3%
Intensive Correction Order 18 13.6%
Imprisonment 107 81.1%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Aggravated assault with intent to rob – section 95(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 3 12%
Imprisonment 22 88%

The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.

Aggravated steal from the person – section 95(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 9 56.3%
Imprisonment 7 43.8%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Accessory after the fact to aggravated robbery, etc – section 95(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 2 66.7%
Intensive Correction Order 0 0%
Imprisonment 1 33.3%

The average full term prison sentence imposed for the offence is 6 months and the average non-parole period (the minimum term in prison) is 6 months.

Section 96 – Robbery with wounding

None of these cases were finalised in the Local Court.

In the Higher Courts

Aggravated robbery with wounding/GBH – section 96

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 4.8%
Intensive Correction Order 1 4.8%
Imprisonment 19 90.5%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2.5 years.

Aggravated assault with intent to rob with wounding/GBH – section 96

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 3 100%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Aggravated steal from the person with wounding/GBH – section 96

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 1 50%
Imprisonment 1 50%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.

Accessory after the fact to aggravated robbery, etc with wounding/GBH – section 96

Penalty type Number of cases Percent of cases
Children's Court Penalties 2 66.7%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 9 Bond 1 33.3%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 0 0%

Section 97 – Robbery while armed or in company

None of these cases were finalised in the Local Court.

In the Higher Courts

Robbery armed with an offensive weapon – section 97(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 2 0.4%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 5 1%
Intensive Correction Order 68 13.2%
Imprisonment 442 85.5%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2.5 years.

Robbery in company – section 97(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 1 0.3%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 2 0.5%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 3 0.8%
Community Correction Order 13 3.3%
Intensive Correction Order 116 29.6%
Imprisonment 257 65.6%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.

Assault with intent to rob whilst armed with an offensive weapon – section 97(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 6 20%
Imprisonment 24 80%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Assault with intent to rob whilst in company – section 97(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 1 2.9%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 2.9%
Intensive Correction Order 13 37.1%
Imprisonment 20 57.1%

The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 2 years.

Accessory after the fact to robbery, etc, being armed or in company – section 97(1)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 1 4.8%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 2 9.5%
Community Correction Order 6 28.6%
Intensive Correction Order 7 33.3%
Imprisonment 5 23.8%

The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 14 months.

Aggravated robbery, etc, being armed with a dangerous weapon – section 97(2)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 2 1.1%
Intensive Correction Order 20 10.8%
Imprisonment 164 88.2%

The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Aggravated assault with intent to rob, being armed with a dangerous weapon – section 97(2)

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 3 16.7%
Intensive Correction Order 1 5.6%
Imprisonment 14 77.8%

The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Accessory after the fact to aggravated robbery, etc, being armed with a dangerous weapon – section 97(2)

Penalty type Number of cases Percent of cases
Children's Court Penalties 1 50%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 50%

The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 1 year.

Section 98 – Robbery with arms and wounding

In the Higher Courts

Robbery being armed and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 2 6.7%
Imprisonment 28 93.3%

The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Robbery in company and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 35 100%

The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.

Assault with intent to rob whilst armed and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 1 6.3%
Imprisonment 15 93.8%

The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 3.5 years.

Assault with intent to rob whilst in company and cause wounding/GBH – SNPP (Item 11) – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 4 100%

The average full term prison sentence imposed for the offence is 6.5 years and the average non-parole period (the minimum term in prison) is 3 years.

Accessory before the fact to robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.

Aid, abet, counsel or procure etc robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2.5 years.

Accessory after the fact to robbery with arms etc and cause wounding/GBH – section 98

Penalty type Number of cases Percent of cases
Children's Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 9 Bond 2 50%
Fine Only 0 0%
Section 12 Suspended Sentence (repealed penalty) 1 25%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 25%

The average full term prison sentence imposed for the offence is 12 years and the average non-parole period (the minimum term in prison) is 8 years.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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