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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Robbery - Armed - Dangerous Weapon - Multiple - s.97(2)

s.97(2) Crimes Act: Aggravated Armed Robbery with a Dangerous Weapon - Maximum 25y  

Name/RefOffencesPleaSentenceAppealWeaponRecordOther Features

Pintos

(37)

[1999] NSWCCA 209

3 x s.97(2)PG

MT 4y

AT 2y

ADsawn-off shotgunLengthy including firearm offences.

Robbed two service stations and liquor store. First time fired shot into shelf after ordering attendant from room.

Heroin addict. Contrition. Two teenage children.

Evans

(27)

[2000] NSWCCA 20

7 x s.97(2)PG

MT 6y

AT 3y

(50% discount for assistance)

AA

MT 5y

AT 2y 6m

 nil

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.

Dwight

(23)

[2000] NSWCCA 164

4 x s.97(2)

 

Sched:

8 x AR

BES

2 x SMV

PG

MT 8y

AT 4y

AD dishonesty and assault

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.

Bavadra

(21)

(2000) 115 A Crim R 152

NSWCCA

3 x s.97(2)

2 x s.97(1)

2 x Rob in Co

 

Sched:

11 similar offences

PG

MT 6y

AT 4y

Crown AA

12y

NPP 8y

handguns, loaded shotgun, knives, machetehistory of offending

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.

Tuncbilek

(21)

[2000] NSWCCA 465

2 x s.97(2)

 

Sched:

2 x s.97(2)

Take conveyance

VG

6y

NPP 3y

Crown AD replica pistol and handgunshistory of serious offences - offences committed on parole

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.

Itamua

(21)

[2000] NSWCCA 502

42 x s.97(2)

s.97(2) Ass w/i to rob armed dang weapon

PG

1 x s.97(2)

MT 12y

AT 6y

 

All other offences:

FT 3y (concurrent)

 

Total:

MT 12y

AT 6y

AA

14y

NPP 8y

(cumulative to FT 3y for other offences)

 

 

 

Total:

17y

NPP 11y

gunsnil in Australia

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

LC

(juvenile / child offender)

[2001] NSWCCA 175

2 x s.97(2)

 

Sched:

2 x s.97(2)

Stealing

PG

4y

NPP 2y

ADimitation self loading pistolprior record for robbery - on bond at time of offence

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.

Bates

[2001] NSWCCA 374

Att s.97(2)

s.97(2)

PG

10y

NPP 7y 6m

AA

8y

NPP 6y

shotgunpriors - on recog at time of offences

Attempted to rob TAB - co-offender discharged shotgun at lock in attempt to obtain access - Robbed bank

Issue of parity

Raad

(18)

[2002] NSWCCA 75

2 x s.97(2)

s.97(1)

 

Sched:

s.97(2)

Poss knife in public place

2 x Possess prohib drug

Impersonate P/O

PG

(25%)

6y

NPP 4y

 

AA

6y

NPP 3y

(PG 25%)

knife, replica rifle and replica pistolminor

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

Berrell

(32)

[2003] NSWCCA 85

6 x s.97(2)

 

Sched:

6 x s.97(2)

Agg ass w/I rob

s.95

3 x Assault

PG

10y

NPP 6y 8m

ADReplica pistolLengthy record – all local court offences

Robbed Fast Food outlets and pharmacies over two months – Premeditated offences

Reasonable prospects of rehabilitation – Drug addiction and serious depressive illness

El-Hage

(18)

[2003] NSWCCA 118

2 x s.97(2)

Assault w/i to rob s.94

 

Sched:

2 x s.178BA obtain money by deception

PG

3y

NPP 2y 6m Periodic Detention

(6m PSC)

ADFlick knifenil

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.

Gardner

[2003] NSWCCA 199

2 x s.97(2)

 

Sched:

8 offences

PG

(1/3rd plea and assist)

8y

NPP 5y

AD.22 calibre rifle 

With co-offender demanded drugs from male resident – Subsequently robbed young employee at McDonalds shortly after 1am

Assistance to police

Mckeon

[2004] NSWCCA 232

7 x s.97(2)

5 x SMV

s.94

 

Sched:

s.97(2)

s.94

VG / PG

24y

NPP 15y

ADFirearms or replica firearmsBreached parole for previous armed robberiesOffences committed over 4 months – robbed credit unions and banks - total amount stolen: $93,000

Dimoski

(26)

[2004] NSWCCA 309

3 x s.97(2)

 

Sched:

2 x 97(2)

PG

4y

NPP 2y

AA

3y

NPP 18m

Imitation wooden knifeNil

Entered residence with co-offender mistakenly believing occupants drug dealers – Demanded and took property

Evidence of rehabilitation – protective custody

Discount for assistance to authorities.

Street

(20)

[2005] NSWCCA 139

4 x s.97(2)

s.97(1)

Carried in conveyance

 

Schedule:

8 offences

PG

(25%)

11y

NPP 8y

AA

10y

NPP 7y

firearmsSignificant record

Robbed bowling club and hotels in company

Early drug addiction after father died

Yin

(25)

[2005] NSWCCA 138

4 x s.97(2)

3 x s.97(1)

 

Sched

3 x s.97(1)

1 x s.97(4)

1 x s.98

PG

(25%)

11y

NPP 8y 3m

AD

Guns

Knife

Numerous including prison terms

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

Spinks

[27]

[2005] NSWCCA 459

 

 

[2007] NSWCCA 52

 

Co-Accused:

LEA-CATON

4 x s.97(2)

 

Sched:

8 offences

PG

(25%)

15y

NPP 8y 9m

AD

 

 

 

 

Second AD

Shortened rifleLengthy – breached conditional liberty

Robbed newsagencies and bottle shops in company

Parity no issue

Lea-Caton

[2006] NSWCCA 285

 

Co-Accused:

SPINKS

2 x s.97(2)

 

Sched:

5 x s.97(2)

4 offences

PG

10y

NPP 6y

AD  No factual details given – argument on appeal over cumulation to existing sentence.

Hudson

(23)

[2007] NSWCCA 302

4 x s.97(2)VG

6y 9m

NPP 3y 9m

AA

5y 9m

NPP 3y 3m

Replica pistolMinor

Threatened four person parked in car with co-offender

Reasonable prospects of rehabilitation - parity

DB

(16)

 

 

 

DNN

(27)

 

(2007) 167 A Crim R 393

NSWCCA

3 x s.97(2)

 

Sched

11 offences

 

4 x s.97(2)

 

Sched

19 offences

PG

(20%)

 

 

 

 

PG

(20%)

12y 7m

NPP 8y

 

 

 

16y

NPP 10y

AA

10y

NPP 6y

 

 

12y

NPP 8y

Pistol / knife

Agg assault w/i/rob

 

 

 

 

Receiving, GIC.

With co offenders robbed computer stores armed with pistol / knife – Owners and / or employees tied up, threatened and struck.

Sua

(24)

[2007] NSWCCA 271

5 x s.97(2)

s.93G(1)(a)(ii)

Possess shortened firearm

PG

(15%)

13y

NPP 10y

ADSawn-off shotgunBreached parole for AR

Robbed mixed business, pharmacy and brothel

Early drug abuse

Baleiovalau

(27)

[2009] NSWCCA 153

3 x s.97(2)

PG

(20%)

10y 6m

NPP 7y 6m

ADFirearmSerious.  Similar offences: aggravated robberies, goods in custody.

With three cooffenders robbed credit union, business and hotel.

Drug addiction.

TA

(25)

[2009] NSWCCA 196

2 x s 97(2)

1 x Attempt  s.97(2)

VG

8y

NPP 6y

ADPistol Agg B&E, Driving whilst disq.  On parole.

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.

 

Kidd

(53)

[2009] NSWCCA 229

2 x s.97(2)

Attempt s.97(3)

SMV

VG

16y

NPP 12y

ADfirearmsLengthy record although not as serious – breached bondSophisticated level of planning – first home invasion involved robbery of female alone with children – attempted to rob bank but failed to gain entry – second home invasion involved considerable violence inflicted on male occupant and significant damage – old offences

Penfold

 

 

 

 

Ward

 

[2010] NSWCCA 61

2 x s.97(2)

1 x Receiving (unrelated offence)

 

2 x s.97(2)

PG

(25%)

 

 

 

PG

(25%)

19y

NPP 12y 6m

 

 

 

19y

NPP 14y 6m

AD

 

 

 

 

AD

Shotgun; machete handle

"serious", on GBB

 

 

 

 

No prior offences of this type.

Robbed two victims of large amount of cash – shot male victim through window at close range – victim suffered horrendous and permanent injuries – struck female victim on head with machete handle – significant planning

Aguirre

(19)

[2010] NSWCCA 115

2 x s.97(2)

Agg SMV

PG

(25%)

12y

NPP 8y

AA

Same effective head sentence imposed

firearmsBreached bailRobbed male victim of car threatening him with knives – robed security truck with here co-offenders armed with firearms – 3 months later robbed armoured guards using semi-automatic weapons

Johnson

 

 

 

 

 

 

Moody

 

[2010] NSWCCA 124

3 x s.97(2)

 

Form 1:

s.97(2)

s.97(1)

s.95

 

3 x s.97(2)

Possess prohibited firearm

 

Form 1:

s.97(2)

s.97(1)

s.95

Possess prohibited firearm

PG

9y 10m

NPP 6y 10m

 

 

 

 

 

11y 6m

NPP 8y

AD

 

 

 

 

 

 

AD

Shortened .22 rifle

Driving and dishonesty offences

 

 

 

 

Serious record

Robbed fast food outlets armed with shortened .22 rifle – J drove car and M conducted robbery – offences committed over 5 weeks – some planning and preparation involved

Moore

(55)

[2010] NSWCCA 188

2 x s.97(2)

 

Sched:

2 offences

PG

(25%)

15y

NPP 10y

AA

12y

NPP 8y

Replica toy pistolSimilar offences - breached parole

Robbed credit union using toy plastic gun – no actual violence – low level seriousness

Gambling problem

Lesi

(24)

[2010] NSWCCA 240

2 x s.97(2)

2 x Att s.97(2)

 

Sched:

9 offences

PG

(25%)

11y

NPP 7y

Crown AA

14y

NPP 10y

Pistols and shotgunsLengthy record including robbery

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

Bell

(21)

[2011] NSWCCA 14

3 x s.97(2)PG

5y 3m

NPP 2y 3m

Crown ADFirearmAffray, common assault

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

Wilcox

(29-31)

[2011] NSWCCA 42

2 x s.97(2)

 

s 97(1) Assault with intent to rob

 

Sched:

s.97(2)

Pervert course of justice

VG

 

PG

Total:

19y

NPP 14y

AA

16y

NPP 12y

Sawn-off rifle and pistolRecord including one AR

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

 

McCarthy

(40)

[2011] NSWCCA 64;

(2010) 206 A Crim R 131

6 x s.97(2)

1 x Att s.97(2)

3 x BES

 

Sched:

6 offences including  2 x s.97(2)

PG

(50% - plea and assist)

18y

NPP 10y 6m

AA

7y 6m

NPP 5y 6m

Sawn off shotgunLengthy record – breached bail

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 [55].

Jodeh

(18-19)

[2011] NSWCCA 194

3 x s.97(2)

s.35(1)(b)

 

Sched:

2 offences

PG

(15%)

16y

NPP 11y

14y

NPP 9y

FirearmsNil – last offences breached bail for earlier offences

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

Gebara

(23)

[2012] NSWCCA 107

2 x s. 97(2)

PG

(20%)

Each:

5 y

NPP 3y

Second sentence cumulative by 12 months on first.

 

Total sentence:

6y

NPP 4y

 

ADFirearms 

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.

Somba

(32)

[2012] NSWCCA 214

3 x s.97(2)

 

Sched:

2 offences

PG

(15%)

11y

NPP 8y

ADFirearmsRobbery offences – released to parole 4 months prior to current offencesArmed robbery with shotgun in company of bank – stole $21,870 - two attempted armed robberies of banks in company – co-offender armed with pistol

Houri

(19)

[2013] NSWCCA 279

4 x s.97(2)PG

7y 3m

NPP 5y 6m

ADFirearmsNil relevant

Robbed three hotels around closing time armed with firearms and in company – inside information used

Difficult childhood – chronic back injury - depression

RD

(17)

[2013] NSWCCA 306

3 x s.97(2)

 

Sched:

2 x s 97(2)

PG

(10%)

11y 3m

NPP 7y

ADknife, replica firearms, baseball bat, swordstealing, rob in co, BES.

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

Alvi

(25)

[2014] NSWCCA 191

6 x s.97(2)

2 x firearms offences

PG

(25%)

9y

NPP 5y

AA

(minor change to firearms sentence)

Revolver – not in working orderNil

Robbed service stations and convenience stores over several weeks

Good prospects of rehabilitation

Gaggioli

[2014] NSWCCA 246

3 x s.97(2)

PG

(25%)

6y

NPP 3y 6m

ADBlack handgunLimited – breached bond

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.

Rangihuna

(27)

[2015] NSWCCA 48

 

 

3 x s. 97(2)

 

Sched:

Larceny

Agg B&E

PG

(12.5%)

11y 3m

NPP 8y 3m

ADReplica pistolArmed rob, AOABH

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.

Vai

19

[2015] NSWCCA 303

Att s.97(2)

5 x s.97(2)

VG

10y

NPP 6y

ADRifle – AxeLengthy – violence and robbery – breached paroleRobbed club with co-offender – offender armed with rifle – threatened patrons – planned and violent invasion

Humphries

(34)

 

Ponfield

(24)

 

[2016] NSWCCA 86

[2016] NSWCCA 91

Each:

2 x s. 97(2)

 

Each:

VG

Humphries:

7y 6m

NPP 5y

 

 

Ponfield:

6y

NPP 2y 3m

 

AA

6y

NPP 3y 9m

 

 

AD

Pistol, Knife

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.

Parity.

Shahzad

(21-22)

[2016] NSWCCA 94

2 x s.97(2)

Consp s.97(2)

 

Sched:

Carried in stolen vehicle

VG

9y 6m

NPP 6y

AA

8y 9m

NPP 5y 6m

Pistol with silencer – knifeCommon assault

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

Zreika

(18)

 

 

 

 

 

Elsaj

(18)

 

[2016] NSWCCA 177

 

4 x s 97(2)

2 x s 97(1)

 

Sched:

3 x 97(2)

 

 

2 x 97(2)

2 x 97(1)

s 98

 

Sched:

3 x s 97(2)

PG

(25%)

 

 

 

 

 

PG

(25%)

16y 6m

NPP 11y 6m

 

 

 

 

 

15y 6m

NPP 10y 6m

AD

 

 

 

 

 

 

AD

Firearm; baseball bat

Serious.  On  bond.

 

 

 

 

 

Serious

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.

Weismantel

(23)

[2016] NSWCCA 204

3 x s 97(2)

s 154C Agg carjacking

 

s 98

PG

(10%)

 

 

PG

(15%)

Total:

8y 6m

NPP 4y 6m

Crown AA

Total:

9y 6m

NPP 6y

Sawn off shotgun

Assault, possess drugs, damage property, assault, affray, armed with intent commit indictable offence.

On parole.

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.

OK

(17)

[2016] NSWCCA 318

6 x s.97(2)

s.97(1)

Receive stolen property

PG

(25%)

Agg:

11y

NPP 7y

AD

Baseball bat

 

(co-offender – rifle)

Nil

With co-offenders robbed service stations over 11month period – lesser offender

Mild intellectual; disability – some evidence of rehabilitation