This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
s.97(2) Crimes Act: Aggravated Armed Robbery with a Dangerous Weapon -
 NSWCCA 209
Robbed two service stations and liquor store. First time fired shot into shelf after ordering attendant from room.
Heroin addict. Contrition. Two teenage children.
 NSWCCA 20
(50% discount for assistance)
AT 2y 6m
No facts provided.
Became involved in gang of criminals through girlfriend's father.
Voluntary disclosure of some offences. Truly remorseful. Assistance to authorities means witness protection.
 NSWCCA 164
4 x s.97(2)
8 x AR
2 x SMV
Robbed liquor outlet, newsagencies and RSL Club in company of at least one other person.
Suffering paranoid disorder since accident but not linked to offences. Funded gambling addiction.
(2000) 115 A Crim R 152
3 x s.97(2)
2 x s.97(1)
2 x Rob in Co
11 similar offences
Robbed banks and retail premises over 22 months. All offences committed in company. Customers and employees threatened and on two occasions people injured.
Fijian; youth; some remorse; drug and alcohol abuse.
 NSWCCA 465
2 x s.97(2)
Robbed newsagency and son of attendant with co-offender armed with replica pistol. Also robbed bottled shop and female pedestrian.
CCA - Sentence inadequate except for intellectual disability and attention deficit disorder.
 NSWCCA 502
42 x s.97(2)
s.97(2) Ass w/i to rob armed dang weapon
1 x s.97(2)
All other offences:
FT 3y (concurrent)
(cumulative to FT 3y for other offences)
Offences committed over 4 months. Involved in scheme with several other persons. 13 clubs and hotels robbed, and individuals within premises.
Excellent prospects of rehabilitation, contrition and remorse.
Appeal against count 14 only
(juvenile / child offender)
 NSWCCA 175
Robbed mobile phone store. Abducted female and forced her to remove money from various ATMs.
Lesser offender and lower intelligence than co-offender - borderline range of intellectual functioning.
 NSWCCA 374
NPP 7y 6m
Attempted to rob TAB - co-offender discharged shotgun at lock in attempt to obtain access - Robbed bank
Issue of parity
 NSWCCA 75
Poss knife in public place
2 x Possess prohib drug
Robbed driver with knife - Robbed person in foyer of hotel using knife and replica rifle - Attempted to rob two men in street using replica pistol
Prior good character - Good prospects of rehabilitation - Contrition
 NSWCCA 85
6 x s.97(2)
Agg ass w/I rob
3 x Assault
NPP 6y 8m
Robbed Fast Food outlets and pharmacies over two months – Premeditated offences
Reasonable prospects of rehabilitation – Drug addiction and serious depressive illness
 NSWCCA 118
Assault w/i to rob s.94
2 x s.178BA obtain money by deception
NPP 2y 6m Periodic Detention
Robbed 13 year old victim of credit card – Withdrew $300 – Threatened with flick knife – Three weeks later demanded more money from same V – With co-offender robbed person on train, threatened with knife.
Mentally slow and suggestible.
 NSWCCA 199
(1/3rd plea and assist)
With co-offender demanded drugs from male resident – Subsequently robbed young employee at McDonalds shortly after 1am
Assistance to police
 NSWCCA 232
7 x s.97(2)
5 x SMV
 NSWCCA 309
2 x 97(2)
Entered residence with co-offender mistakenly believing occupants drug dealers – Demanded and took property
Evidence of rehabilitation – protective custody
Discount for assistance to authorities.
 NSWCCA 139
Carried in conveyance
Robbed bowling club and hotels in company
Early drug addiction after father died
 NSWCCA 138
3 x s.97(1)
1 x s.97(4)
1 x s.98
NPP 8y 3m
Entered massage parlours and a bakery, sometimes in co, and took money and property from staff
Chinese immigrant – long time heroin user with periods of detoxification – separated from mother of 7y daughter
 NSWCCA 459
 NSWCCA 52
NPP 8y 9m
Robbed newsagencies and bottle shops in company
Parity no issue
 NSWCCA 285
5 x s.97(2)
 NSWCCA 302
NPP 3y 9m
NPP 3y 3m
Threatened four person parked in car with co-offender
Reasonable prospects of rehabilitation - parity
(2007) 167 A Crim R 393
Agg assault w/i/rob
 NSWCCA 271
Possess shortened firearm
Robbed mixed business, pharmacy and brothel
Early drug abuse
 NSWCCA 153
With three cooffenders robbed credit union, business and hotel.
 NSWCCA 196
2 x s 97(2)
1 x Attempt s.97(2)
With two co-offenders, using stolen vehicle, robbed two licensed premises and attempted to rob a third in one night – Brandished pistol and cooffender had samurai sword - Threats made to three separate groups of persons - More than $91k obtained from two of the premises – Disguised, wore gloves, used two-way radios to communicate with each other - Offences reflected significant degree of criminal professionalism, executed with a degree of military precision.
 NSWCCA 229
 NSWCCA 61
1 x Receiving (unrelated offence)
NPP 12y 6m
NPP 14y 6m
"serious", on GBB
No prior offences of this type.
 NSWCCA 115
Same effective head sentence imposed
 NSWCCA 124
Possess prohibited firearm
NPP 6y 10m
Driving and dishonesty offences
 NSWCCA 188
Robbed credit union using toy plastic gun – no actual violence – low level seriousness
 NSWCCA 240
2 x Att s.97(2)
Robbed or attempted to rob banks and hotels with co-offenders – robbed employee of cash shop with pistol – large sums of money stolen
Heroin addiction from early age – spent 10 of last 14 years in prison
 NSWCCA 14
NPP 2y 3m
First two offences occurred on the same day at the same bottle shop – third offence occurred on same day but at different bottle shop – stole total of $1200 and two bottles of alcohol
Good prospects of rehabilitation – committed offences to pay off drug debts
 NSWCCA 42
s 97(1) Assault with intent to rob
Pervert course of justice
Robbed hotel with co-offender armed with sawn-off rifle and pistol –manager struck across nose by co-offender - $27,982.50 stolen – 21 days later robbed RSL in similar circumstances – stole $33,332.93
 NSWCCA 64;
(2010) 206 A Crim R 131
1 x Att s.97(2)
3 x BES
6 offences including 2 x s.97(2)
(50% - plea and assist)
NPP 10y 6m
NPP 5y 6m
Robbed victim on way to bank of $20,000 cash and $31,000 cheques – with co-offender robbed security guard of $50,000 – robbed several bowling clubs with co-offender threatening staff and patrons – broke into business premises and boarding house and stole property
Drug addiction – convictions in 6 offences based on confession alone.
Given A's criminality and subjective circumstances, sentence manifestly excessive - extent of rehabilitation a highly unusual feature, demonstrated by remorse, assistance and Ellis factors: at .
 NSWCCA 194
Held up security guard with revolver and co-offender and stole $29,000 – 2 days later robbed taxi service with co-offender and took $17,000 – co-offender discharged 4-5 rounds from revolver – robbed security guard with two co-offenders and stole $72,241 – gun held to face of victim and another gun discharged – involved in group assault on doorman
Suffered serious injuries in motor bike accident prior to offences
 NSWCCA 107
Second sentence cumulative by 12 months on first.
First offence: With cooffender robbed brothel – cooffender armed with 9mm handgun – no evidence handgun loaded – A pushed doorman towards till – obtained $1400.
Second offence: Two days later A waited in car while 2 armed cooffenders robbed supermarket – obtained $800 and cigarettes – A drove car away – A aware one of the cooffenders was armed.
Long-term psychological issues – employed – supportive of his siblings and family.
 NSWCCA 214
 NSWCCA 279
Robbed three hotels around closing time armed with firearms and in company – inside information used
Difficult childhood – chronic back injury - depression
 NSWCCA 306
Robbed three hotels with cooffenders – various weapons – disguised in balaclavas – on first offence assaulted hotel patron.
Very difficult upbringing – drug and alcohol abuse from young age – Aboriginal background
 NSWCCA 191
2 x firearms offences
(minor change to firearms sentence)
Robbed service stations and convenience stores over several weeks
Good prospects of rehabilitation
 NSWCCA 246
NPP 3y 6m
With co-offender followed three male victims who withdraw money – entered car where victims sitting and demanded they drive to new location – took money and possession and left
Evidence of rehabilitation from drug addiction – genuine remorse – excellent prospects rehabilitation.
 NSWCCA 48
3 x s. 97(2)
A armed with replica pistol and cooffenders with axe entered Hotel and stole $100 from patron – A armed with replica pistol and co-offender with knife robbed service station operator of $1500 – A armed with pistol and cooffenders with pipe or bar robbed hotel of $19k –offences involved violence and threats to patrons and staff – A and cooffenders concealed faces.
Alcohol and illicit drug abuse from age of 16.
Offences very serious with great deal of violence – actual violence not just threats – level of planning.
Few subjective factors.
 NSWCCA 303
 NSWCCA 86
 NSWCCA 91
2 x s. 97(2)
Agg BES. On bail.
Assault, AOABH, firearms, Agg BES. On parole.
Robbed hotel with third co-offender – H armed with pistol – P armed with knife – stole two amounts of cash totalling $37k.
 NSWCCA 94
Carried in stolen vehicle
Robbed bottle shop and hotel with two co-offenders – staff and customers threatened with pistol and knife – observed carrying out surveillance for robbery of second hotel – no differences in culpability
Born in Pakistan – suffering PTSD and alcohol / drug abuse as result of traumatic experiences as young man after returned for arranged marriage
On appeal issue of parity only
 NSWCCA 177
4 x s 97(2)
2 x s 97(1)
3 x 97(2)
2 x 97(1)
3 x s 97(2)
NPP 11y 6m
Serious. On bond.
Robberies of convenience stores and service stations - with each other / other co-offenders - except on one occasion, there were three or more offenders - One offender always armed – firearms or baseball bat used - money stolen - victims directly threatened with firearm pointed at them - verbal threats – offenders sometimes had faces covered.
Zreika – more senior role.
Each: youth – drug abuse – remorse – rehabilitation – special circumstances.
Elsaj s 98: victim struck to head by baseball bat; E both armed with baseball bat and in company -There was a second weapon, i.e. a machete and threats were made to kill V if money not produced.
 NSWCCA 204
s 154C Agg carjacking
NPP 4y 6m
Assault, possess drugs, damage property, assault, affray, armed with intent commit indictable offence.
s 97(2): With cooffenders robbed cinema, A armed with sawn-off shotgun, co-offender with axe, wearing head covering, took $500 from till and wallet containing $90 from a patron, threatened staff and patrons – With cooffenders who were armed and wearing head coverings robbed Hotel, took $3873.
s 98: robbed restaurant, threatened staff member with knife.
Aboriginal- dysfunctional upbringing – alcohol and drug abuse from young age – Mental health issues: Schizophrenia; Substance Use Disorder; Anti-Social/Borderline Personality.
 NSWCCA 318
Receive stolen property
(co-offender – rifle)
With co-offenders robbed service stations over 11month period – lesser offender
Mild intellectual; disability – some evidence of rehabilitation