Our Newcastle Criminal Lawyers often represent people facing serious robbery charges. A recent incident in Hamilton on 12 September 2025, where an armed offender used a pistol to intimidate staff at a licensed venue, highlights how NSW law treats armed robbery with a dangerous weapon.
At 3:40 a.m. on Friday, 12 September 2025, Hamilton's quiet streets were disrupted by a brazen armed robbery. Police reported that an unknown man entered a licensed venue on Beaumont Street, produced a pistol, and demanded cash from staff before fleeing on a black e-bike with an accomplice. Fortunately, no shots were fired and no one was physically injured.
Within hours, Strike Force Mesport was activated, working alongside the State Crime Command's Robbery and Serious Crime Squad. CCTV footage released by police showed two males who may assist the investigation: one wearing an all-black outfit with gloves and a long dark-blonde/brown wig, and the getaway rider in black clothing with a white helmet and shoes.
However, the pistol was "used to intimidate staff rather than inflict physical harm," thereby placing the conduct squarely within the statutory offence of assault with intent to rob while armed with a dangerous weapon, one of the most serious property offences recognised under New South Wales law.
What is notable in this case is not only the presence of a firearm but also the deliberate measures taken to evade detection: the use of disguises and an inconspicuous e-bike as a means of escape. These elements underscore the premeditated nature of the conduct, reinforcing the courts' emphasis on both the instrumentality of the offence and the intent of the offender.
Why the Offence Attracts Maximum Legal Scrutiny
- Threat Alone is Sufficient
Under NSW law, the mere pointing of a pistol and the instillation of fear suffices to constitute assault. Physical harm is not required; the threat of violence coupled with the intent to steal triggers the full statutory weight of the offence. - Intent to Rob, Not Mere Intimidation
What distinguishes armed robbery from simple assault is the assailant's objective. Here, the threat of harm was instrumental to obtaining cash, rather than an end in itself, fulfilling the "intent to rob" element.
- Dangerous Weapon-Real or Replica
A pistol, whether loaded, unloaded, or a convincing replica, qualifies as a "dangerous weapon." Section 94 of the Crimes Act 1900 (NSW) explicitly recognises that the display of an imitation firearm satisfies the statutory requirement of being "armed with a dangerous weapon." Courts have consistently held that it is the perception of danger by the victim, rather than the weapon's actual capability, that determines the seriousness of the offence.
This principle ensures offenders cannot evade the law through deception. Whether the firearm is authentic or a convincing imitation, the psychological impact, potential for harm, and intent to facilitate theft remain unchanged. Consequently, the offence attracts substantial custodial penalties equivalent to those for a genuine firearm, reflecting the law's commitment to deterrence, community protection, and recognition that the threat of violence carries weight independent of actual injury.
- Aggravation Through Planning and
Disguise
Premeditation and concealment of identity are significant aggravating factors. When an offender takes deliberate steps to disguise themselves and evade detection, courts view this as evidence of planning, which can increase the severity of sentencing.
What Happens at Sentencing
Armed robbery with a firearm (or imitation) triggers some of the sternest custodial sentences in NSW. Even where no one was injured, courts emphasise general deterrence and community protection.
In earlier jurisprudence such as R v Henry [1999] NSWCCA 111, the Court of Criminal Appeal made clear that offenders should expect "substantial terms of imprisonment" for armed robbery.
This incident serves as a stark reminder that threat, intent, and premeditation, when combined with the use of a dangerous weapon, elevate the seriousness of property offences, demanding both vigilant policing and rigorous judicial scrutiny.
Need Legal Assistance?
If you or someone you know is facing an armed robbery charge, speak with our criminal lawyers in Newcastle.
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.