Armed theft legal guidelines in New South Wales – Crime – Australia


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A trial is underway over an incident through which a takeaway proprietor
in Scotland was compelled to combat off an armed robber utilizing a curry
pot lid and a meat cleaver.

Derek Tang, 44, had no selection however to show to crockery to defend
himself and his employees when his China City takeaway store in Linwood,
Renfrewshire, was robbed by a person recognized as Allan Fordyce on
6th June final yr.

Giving proof in Paisley Sheriff Courtroom earlier than Sheriff Tom
McCartney, Mr Tang recounted that at round 11:15pm on the evening,
he swiftly grasped the cooking implements after coming face-to-face
with the person’s firearm – which he would later be taught was
an imitation, made up of two steel poles and a chunk of wooden in
order to resemble a shotgun.

“I heard a giant bang on the door, I believed there have to be
one thing flawed outdoors. It was very uncommon,” Mr Tang informed
the court docket.

“I noticed a man with a giant weapon, standing on the takeaway
door, contained in the kitchen. It seemed like a gun. It had a double
barrel and was wrapped spherical by a polybag. It appeared metallic.

“I believed, ‘If something goes flawed, it is very
critical.'”

Mr Tang continued that while he tried to shove the double
barrel away, in a matter of seconds, the robber had pulled out a
knife.

It was at this level that the store proprietor took a fast backwards,
a couple of foot away from the knifeman, and took maintain of the chopper
to defend himself, together with the big curry pot lid to make use of as a
protect.

The court docket heard the armed robber demanded cash from Mr Tang,
who felt threatened all through the ordeal.

“He wished cash, he was saying, ‘Give me your
cash.’ I felt threatened, however at that time, he solely wished
cash,” the takeaway proprietor continued.

“My spouse was close by, within the kitchen, and employees on the different
aspect of the takeaway.

“I believed, ‘There’s nothing I can do if one thing
goes flawed, it is fairly life threatening.'”


Mr Tang added
that he was “scared” in the course of the
incident and that he tried to get the person “out as rapidly
as” he may.

ACCUSED OFFENDER CLAIMING ROBBERY WAS ACTUALLY COMMITTED BY
ANOTHER MAN WHO HAS SINCE DIED

In an attention-grabbing flip of occasions, the accused Allan Fordyce has
since lodged a particular defence of incrimination, claiming the
assault and theft was really dedicated by a person named Paul
McBeth, who has since handed away.

The 54-year-old has additionally entered a particular defence of alibi,
sustaining he couldn’t have dedicated the crime as a result of was at
dwelling on the time of the offence.

Nonetheless, the store proprietor has recognized Mr Fordyce because the
man he believes was chargeable for the theft, each in court docket and
whereas reporting the incident to police.

Furthermore, he mentioned he may “assure” Mr McBeth was
not the person who robbed his takeaway on the evening in query,
drawing consideration to the element of a supposed tattoo on the
offender’s proper hand.

While the court docket was proven an image of Mr McBeth mendacity useless on
the ground of his flat in Linwood, with a yin and yang tattoo
seen on his proper hand, Mr Tang mentioned he didn’t discover a tattoo
on the robber’s hand.

The alleged offender upholds his innocence and the trial
continues.

Armed Theft Legal guidelines in New South Wales

It’s an offence to steal one thing from somebody, simply as it’s
to threaten the individual or use bodily power on the time of
stealing
the merchandise.

In NSW, in the event you steal one thing from somebody and you might be armed
with a weapon, that is understood as “
armed theft
“.

The offence is taken into account extra critical than merely
“theft”
, with harsher penalties to mirror
this.

If you’re in NSW, the utmost penalty for armed theft is 20
years in jail, which is made clear in
part 97 of the Crimes Act 1900.

Part 97 outlines that of you might be armed with an offensive
weapon, or instrument, or are in firm with one other individual, and
you rob, or assault with intent to rob, any individual, or cease any
mail, or car, railway prepare, or individual conveying a mail, with
intent to rob, or search the identical, then you might be responsible of an
offence.

Moreover, the place the offence is aggravated – in the event you
commit the aforementioned when armed with a harmful weapon, you
can face a most penalty of as much as 25 years in jail.

Widespread defences to the cost of armed theft embrace upholding
your innocence in the event you didn’t perform the act, sustaining you
didn’t have intention to steal the merchandise, arguing you weren’t in
possession of a weapon, self-defence or necessity.