On 19 July 2020, a 21-year-old woman was shot on the upper right arm at her Flushcombe Road home shortly before 7:30 pm. This woman was treated at the scene by NSW Ambulance paramedics prior to being taken to the hospital. The woman is currently in a stable condition.
Police have currently set up a crime scene and are canvassing the neighbourhood for information and evidence relating to the incident. Currently, no person has been charged with an offence relating to this incident.
What is Armed Robbery?
The Flushcombe Road incident may constitute an armed robbery offence under s98 Crimes Act. Armed Robbery has a maximum penalty of 25 years imprisonment.
For the prosecution to be successful in a charge of armed robbery, they must prove the following elements beyond reasonable doubt:
- Person
- Armed with an offensive weapon
An armed is defined any weapon or instrument which is a “dangerous weapon” (s4 Crimes Act). A “dangerous weapon” under s4 Crimes Act, is defined as a firearm, imitation firearm within the meaning of Firearms Act 1996, prohibited weapons within the meaning of Weapons Prohibition Act or a spear gun. Some examples of offensive weapons include any firearm, butterfly knives, darts, single handed batons, whips, tasers and slingshots.
In the Flushcombe Road incident, there is a presence of an offensive weapon, most likely a firearm as the woman was shot.
This article further explores additional offences relating to possession of firearms and imitation firearms.
- Robs or assaults with an intention to rob
To “rob” someone is defined as permanently and unlawfully depriving someone of something they possess without consent. This can be through forcibly taking an item, such as jewellery or a wallet, from a person waiting for the bus.
“Assaults with an intention to rob” can be characterised as committing an assault, for example physically touching someone or intimidating them, in order to deprive permanently and unlawfully someone of something they possess without consent. An example of this would be if a person pulls out a gun and threatens to shoot another person if they do not hand over their money or wallet. Another example would be punching a person in the head in order to run off with their purse/bag.
In the Flushcombe Road incident, there is inadequate information regarding whether a robbery occurred or whether the person intended to rob the 21-year-old woman.
- Another person
This prosecution is required to prove beyond reasonable doubt that a person other than the perpetrator was harmed. For example, in the Flushcombe Road incident, the woman was harmed as a result of being shot in the upper right arm.
- Immediately before, at the time of or immediately after such robbery or assault
This element simply requires the prosecution to prove beyond reasonable doubt that the wounding or infliction of “grievous bodily harm” occurs immediately prior to, at the time of or immediately after the robbery or assault. This element requires the prosecution to prove that the harm occurred in a certain time frame. For example, stabbing a person prior to or after committing the robbery would satisfy this element of the offence.
In the above incident, there is inadequate information regarding whether there was a robbery or whether the person intended to rob the woman.
- Wounds or inflicts “grievous bodily harm”
This element requires the victim to be wounded or to suffer “grievous bodily harm”. Under the s4 Crimes Act, “grievous bodily harm” is defined as:
- The destruction of a woman’s foetus, where the woman herself suffers no harm;
- Any permanent disfiguring of a person; and
- Any grievous bodily diseases.
Note that the perpetrator does not need a specific intention to wound the person who was inevitably wounded; the mere voluntary use of the offensive weapon is, in itself sufficient to satisfy this element (Ryan v R).
One example of grievous bodily harm is clear in the Flushcombe road incident, the woman is likely to have permanent disfigurement as a result of being shot in the arm. Another example is any permanent cuts to the body as a result of stabbing.
However, if the victim’s wounds are less serious, the perpetrator may be charged with assault occasioning actual bodily harm. This articles further discusses the different types of assault.
If you have been arrested or the police are looking to interview you regarding an investigation, Pannu Lawyers is able to advise you of your rights at every step of the criminal investigation & trial process. Pannu Lawyers extensively practice in Criminal Law and regularly appear at Courts throughout New South Wales such as Blacktown Local Court, Mt Druitt Local Court, Parramatta Local Court & District Court, Burwood Local Court, Downing Centre Local Court & District Court, and Penrith Local Court. If your matter is at Blacktown Court, we are conveniently located within a walking distance from the Blacktown Local Court. Call our office on 02 9920 1787 to discuss your matter in a confidential manner.
This above information is intended as general information and is not intended to be relied on as legal advice. The part of this article is taken from an article published by the NSW Police Force.
