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21 April 2022

Robbery with arms and wounding offences in NSW

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Criminal Defence Lawyers Australia

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A charge of robbery with arms and wounding is a serious criminal offence, so severe penalties are in place.
Australia Criminal Law

A fearless mother has managed to ward off a man who stabbed her several times during an attempted robbery in broad daylight at a Melbourne tobacco store.

It is understood the 59-year-old woman was working alone in the shop, simply waiting for the next customer, when she was suddenly antagonised by the armed robber.

Wielding a large knife, the man ordered the woman hand over cash and cigarettes.

The woman, who does not speak much English, quickly grabbed a stool to defend herself from the violent thug.

However, he immediately managed to overpower her in an embrace, and suppressed her by holding the weapon's blade to her throat while make threats to gash her body.

At this point, the worker tried to grab a baseball bat, but was not able to use it.

Instead, she was pinned to the ground by the man as she endured multiple stabs to her body.

In one final attempt, the man reached for the cash register, hoping to get into it, but the woman kept combatting him in a struggle, at which point he simply absconded from the scene, empty-handed.

But this did not stop the brave mother.

Although bleeding from stab wounds to her hands and back, she still ran after her attacker.

While she was unable to catch him, the daylight robbery swiftly caught the sight of members of the public, including an off-duty nurse, who rushed to help her.

Mother Shares Details of How Armed Robber Attacked Her and Why She Came to Australia

The valiant woman managed to speak of the hostile assault in its aftermath, relaying that she was held on the ground while her mouth and nose were covered by the robber.

The victim also shared that she moved to Australia in the hope of starting a better life, and that in the five years she has owned the business, she has faced other incidents of theft, endured racial attacks, although none have been as violent as this confrontation.

Meanwhile, her daughter spoke of the heartbreak over her mother's attack and suffering.

“She could feel that he tried to cut her ten times,” she said, speaking to 9News.

“Seeing her sitting on the chair, covered in blood and tears, it was heartbreaking.”

The shop owner's daughter also expressed the incident made her feel angered and disturbed.

“I am angry and sad,” she said.

“It also made me feel very upset. She doesn't deserve any of that.”

Police have since charged a 36-year-old man from Carlton over the attack.

He was taken into custody at Melbourne Central.

ROBBERY WITH ARMS AND WOUNDING OFFENCES IN NSW

Being charged with robbery with arms and wounding is a serious criminal offence, and to reflect this, severe penalties are in place.

If you are in NSW, section 98 of the Crimes Act 1900 prescribes up to 25 years imprisonment if you, being armed with an offensive weapon, or being in company with another person, you rob or assault someone with intent to rob a person, and immediately before (or at the time or immediately after) the robbery or assault, wounds or inflicts grievous bodily harm on that person.

Definition of grievous bodily harm? Grievous bodily harm refers to really serious harm, or a permanent and serious disfigurement, which can include internal organ injuries or a broken bone.

Definition of wound? To wound means to break both layers of the skin, such as a laceration to the lip, or a deep slash on the arm.

Common defences to the charge of robbery with arms or wounding include maintaining that you are innocent if you did not commit the act, that you did not intend to steal the item, that you were not in possession of an offensive weapon, self-defence or necessity.

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