Legal Research > Sentencing Tables

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 - Multiple - 97(1)

This Table contains cases:
. under old s.97 Crimes Act Armed Robbery (Maximum 20 years)
. under current s.97(1) Armed Robbery with Offensive Weapon (Maximum 20 years)
. post Guideline Judgment R v Henry (1999) 106 A Crim R 149  

Case

Offences

Plea

Sentence

Appeal

Weapon

Record

Facts

Bishell
NSW CCA

18.2.1992

9 x s.97(1)

 

Sched:

AR

BES

Receiving.

PG (early)

MT 12y
AT 4y

AD

Included sawn-off firearms

AR

Robberies on small businesses. 2 victims wounded.

Daly

(33)

NSW CCA

12.5.1992

4 x s.97(1)
Attempt s.97(1)

2 x Aid & Abet s.97(1)

PG

MT 3y

AT 10m

(includes PSC)

AD

Loaded gun

(she knew it was loaded)

No mention

Female involved in armed robs on post offices, banks and TABs.
Drove car, entered premises on one occasion when gun discharged by co-offender causing minor injury.
Whole-hearted assistance to authorities - at risk.

Bettini
(young)

NSW CCA

13.4.1993

3 x s.97(1)

 

Sched:

6 x AR

PG

MT 5y
AT 3y

AD

gun

minor

Robbed small businesses - one 10y V. Threat to blow head off.

Marsden

(2)

NSW CCA

15.4.1993

2 x s.97(1)

PG

MT 6y

AT 2y

AA

MT 4y 6m

AT 3y 6m

unloaded pistol

nil

With co-offender robbed petrol station. Spur of the moment.

Using inside information robbed pay roll of $20,000 with co-offender. $4,000 recovered.

Significant character evidence

Jenkyns

NSW CCA

19.5.1993

3 x s.97(1)

 

Sched:

misc offences

PG

MT 15y
AT 5y

AA
MT 12y

AT 5y

shotgun

long record including AR in NSW & Qld, and other violence

Clubs, hotels and TABs. On one occasion people locked in safe. Appeal allowed on basis of Ellis discount.

Waldron

NSW CCA

3.3.1994

3 x s.97(1)

VG

MT 4y

AT 6m

AD

 

 

Bank and TAB

MacEnroth

(31)

NSW CCA

3.3.1994

2 x s.97(1)

Rob in Co

PG

MT 10y

AT 3y 4m

AA
MT 8y

AT 3y

replica pistol

long record, parole for AR

Banks

Snedden
26)

NSW CCA

28.3.1994

3 x s.97(1)

PG

MT 7y

AT 2y

AA
MT 6y
AT 2y

Gun

drugs & dishonesty

nil prior gaol.

Home invasion by offender posing as Comet delivery man. Female at each house, one house had couple over 80 (one had had tooth knocked out).

Assistance led to arrest of co-offenders.

Walters &

Watkins

(1994) 33 NSWLR 612

2 x s.97(1)

PG

MT 3y

AT 1y

(concurrent)

(1y discount for assist)

Crown AA

MT 4y

AT 1y

(failed to give evidence)

revolver and loaded shotgun

long records, including drugs

Robbed acquaintance at home of amphetamines.

Robbed 61y shop proprietor. V hit on head with wood. Watkins (female) stayed in car.

Salameh
(32)

NSW CCA

9.6.1994

7 x s.97(1)

Sched:

3 x SMV

steal

PG

4y 6m MT
3y AT

(assistance)

AD

rifle and replica pistol

long: drug related record including AR

First four offences in four successive days in March. Three in ten days in July. Service stations, liquor shops, chemist, fast food shop and furniture shop.

Early admissions (Ellis discount). Assisted police re co-offenders. Offences occurred when relapsed into heroin use.

Montgomery
(56)

NSW CCA

4.7.1994

3 x s.97(1)

Sched:

3 matters

PG

MT 6y

AT 6y

AA
MT 5y

AT 5y

loaded firearm

AR in Qld 3½y later

Theft of payrolls. Volunteered guilt when arrested in Qld. Sentence concurrent with Qld sentence.

Montgomery

NSW CCA

28.9.1994

s.97(1)

Attempt s.97(1)

PG

MT 6y

AT 2y

AA

(to vary start date)

knife

long, including 8 AR. On parole.

On both occasions held knife to throat of bank customer. No money on first occasion, $16,070 on second occasion.

Goldie

(37)

NSW CCA

7.4.1995

3 x s.97(1)

PG

MT 8y

AT 3y 6m

AA

MT 6y 6m

AT 3y 6m

pistol

On parole. Multiple BE&S, AR, rob, assault.

Previous custody.

On three occasions, armed with pistol robbed security guards of $120000, $75000, $17000 and revolvers, respectively.

Assistance to police. Held fears for safety.

Amohanga

(20)

NSW CCA

25.5.1995

2 x s.97(1)

PG

(SI)

3y GBB

Crown AA

MT 2y

AT 1y

(conc)

knife and screwdriver

on recog

On both occasions forced acquaintances to drive to ATM and stole money.

Godinez

(19)

NSW CCA

26.6.1995

2 x s.97(1)

PG

MT 1y

AT 2y

AD

knife

On recog. Stealing, assault, AOABH. No previous custody.

With co-offender held up two teenage boys taking small amount of money and clothing.

Bargashoun

(30)

NSW CCA

3.11.1995

2 x s.97(1)

 

Sched:

11 offences

PG

MT 5y 6m

AT 3y 6m

AD

firearm

lengthy

Robbed V while taking business takings to bank. Planned offences, ring leader. Offences committed nine days apart.

Drug addict.

Lane

(22)

NSW CCA

3.11.1995

2 x s.97(1)

 

Sched:

3 x GIC

SMV

PG

MT 3y 6m

AT 2y 6m

(concur)

AD

shotgun

minor

With co-offender robbed service station on two occasions. Gun unloaded.

Good prospects of rehab.

Idato

(62)

NSW CCA

22.5.1996

2 x s.97(1)

VG

MT 6y

AT 2y

AD

 

nil relevant. No previous custody.

Offences occurred three months apart. Home invasion robberies.

Weston

NSW CCA

23.10.1996

2 x s.97(1)

VG

MT 5y

AT 5y

AD

 

 

Facts not provided.

Aboriginal.

Vanjour

(19)

NSW CCA

18.12.1996

s.97(1)

 

Sched:

5 x AR
2 x rob

2 x attempt rob

PG

MT 2y 6m

AT 3y 6m

AD

 

Minor record

Robbed pizza and fast food delivery personnel over eight weeks.

Long delay. Gambling problem now dealt with.

Eminoni

NSW CCA

22.6.1998

8 x s.97(1)

 

Sched:

supply heroin. possess heroin, FTA

PG

MT 5y
AT 3y

AD

replica automatic pistol

bail

Businesses, mostly Post Offices. Total $13,000. Careful planning, money used for drugs.

Brain injury but no indication it influenced offences.

Basaga

NSW CCA

19.8.1998

s.97(1)

Attempt s.97(1)

PG

3y PD

Crown AA

MT 2y

AT 1y

screwdriver

knife

 

Robbed of liquor shop with 2 other persons. Threatened 62y employee with screwdriver. Obtained $433 from till and left when customer arrived.

Tried to rob Australia Birth Control Services but no money on premises.

 


 

Cases post-R v Henry [1999] NSWCCA 111 12.5.99 (Armed Robbery Guideline Judgment)  

Name/Ref

Offences

Age

Plea

Sentence

Appeal

Weapon

Record

Facts

Fleming

(21)

NSW CCA [142]

9.6.1999

5 x s.97(1)

 

Sched:

13 offences

 

PG

MT 4y

AT 4y

AD

Knife

nil

Small businesses.

Stein

(18)

NSW CCA [250]

16.8.1999

s.97(1)

Armed with intent to rob

 

PG

MT 3y

AT 2y

(conc)

AA

MT 2y

AT 18m (conc)

(parity)

Knife

nil

With two others stole from till of video store. All wore stocking masks.

Second robbery of store with knife resembling small machete. Gave note to store attendant reading “money or life.” V called for help. A ran from shop.

Family support. Good rehabilitation prospects.

Hamilton

NSW CCA [31]

16.2.2000

4 x s.97(1)

 

PG

MT 1y

AT 3y

Crown AA
MT 2y

AT 3y

Knife

 

Service stations. Significant threat of violence and 12y boy in one robbery.

Genuine remorse and good prospects of rehabilitation. Drug addiction.

SD

(31)

NSW CCA [43]

25.2.2000

6x s.97(1)

 

Sched:

20 x AR

5 x Ass w/I Rob

7 x LMV

 

PG

MT 7y

AT 3y

AD

Knife, blood filled syringe

similar offences; on parole for AR

Committed in 23 days on young females aged 15-20y at service stations and shopping centres.

Drug addiction. Some assistance to authorities.

Ryan

(41)

NSW CCA [98]

23.3.2000

2 x s.97(1)

 

Sched:

2 x AR

2 x GIC

Possess prohibited drug

 

PG

MT 6y

AT 4y

AD

syringe,

hand gun

offences committed while on bail and parole - prior convictions for AR

Post office and TAB.

Aboriginal with deprived background and alcohol / drug dependency. Spent only 4y of adult life outside gaol.

Hansell

NSW CCA [141]

14.4.2000

2 x s.97(1)

 

VG

MT 4y 6m

AT 1y 6m

AA

5y

NPP 3y 9m

Knife

poor record although no serious trouble for ten years

Robbed two ladies in car park with knife.

Suffered depression as result of death of son; charity work; back disability.

Sentence excessive.

RLS

(16)

NSW CCA [175]

1.5.2000

4 x s.97(1)

Assault w/i rob while armed

 

Sched:

4 x AR

2 x LMV

Escape x 2

AOABH

Mal inflict GBH

FTA

 

PG

MT 4y 6m

AT 4y 6m

AD

.22 shortened rifle, knife and blood filled syringe.

later offences committed on bail - appalling record

One AR involved holding blood filled syringe to arm of 8y girl. Facts of other offences not provided.

Impressive rehabilitation while on remand - aboriginal.

Metcalf

(20)

NSW CCA [277]

7.6.2000

2 x s.97(1)

3 x Rob in Co

 

PG

3y PD

Crown AD

baseball bat and knife

 

Service stations.

Schizophrenic; assistance to authorities; excellent rehabilitation;

Ridgeway

(21)

NSW CCA [286]

24.8.2000

2 x s.97(1)

 

Sched:

10 offences

 

PG

MT 2y

AT 1y

Crown AA

4y

NPP 2y

syringe and machete

offence committed on recog

In company with co-offender robbed video shop with syringe and service station with machete.

Remorse; difficult childhood.

Gee

(38)

NSW CCA [457]

1.11.2000

4 x s.97(1)

 

VG

MT 5y

AT 1y 8m

AD

handle of firearm

prior convictions including violence

Robbed four banks after showing female tellers wooden handle of firearm. Offences committed over two month period.

No contrition or remorse; physical impairment resulting from motor accident; close family support.

Griffiths

(33)

NSW CCA [32]

14.2.2001

2 x s.97(1)

 

Sched:

Take and use MV

 

PG

MT 4y 10m

AT 1y 8m

AD

Knife

lengthy

Robbed same pharmacy 8 days apart - threatened young female assistant - took drugs and cash - different victims.

Ellis discount in relation to second offence - contrition - drug addict.

Armanios

(24)

NSW CCA [110]

23.2.2001

3 x s.97(1)

3 x Rob in co

 

Sched:

2 x AR

 

PG

MT 6y

AT 2y

AA

6y

NPP 4y

 

on bail when second group of offences committed

Robbed retail traders to finance drug addiction. Facts not provided.

Initially referred to drug court and showed some promise but prohibited under statute and relapsed - on protection in custody - low intellectual ability

Holden

(43)

NSW CCA [214]

28.5.2001

s.97(1)

Attempt s.97(1)

 

 

MT 6y

AT 2y

(conc)

AA

(to correct Pearce error)

8y

NPP 6y

loaded .38 calibre Colt revolver

substantial record including AR - gap in offending since 1992

Robbed service stations to pay off heroin debt.

PG

(31)

(2001) 122 A Crim R 529

6 x s.97(1)

 

Sched:

10 x AR

Unlicensed driver

 

PG

7y 6m

NPP 5y

(All conc)

AA

7y

NPP 4y

replica pistol

little criminal record

In company with co-offender robbed clubs and retail premises of over $80,000 - well organised operation - committed over 2 month period.

Ellis discount - assistance - threat to family - failure to comply with Pearce

Antecki

(18)

NSW CCA [312]

10.8.2001

 

Co-offender:
KENDALL

8 x s.97(1)

2 x Att s.97(1)

 

Sched:

13 x AR

Attempt AR

 

PG

11y

NPP 7y

AA

9y 6m

NPP 5y 6m.

Knife

armed rob, supply drug

With co-offender robbed service stations threatening with knife. Little physical violence.

Drug dependent, mother died, good rehabilitation.

Perrin

(19)

NSW CCA [422]

12.10.2001

2 x s.97(1)

 

very early PG

4y 6m

NPP 2y 6m

AA

3y 6m

NPP 1y 9m

kitchen knife

nil

Peculiar and spontaneous offences - robbed video shop and McDonalds store.

Evidence of good rehabilitation.

Kendall

NSW CCA [79]

19.2.2002

 

Co-offender:
ANTECKI

10 x s.97(1)

 

Sched:

10 x AR

3 x attempt AR

 

PG

10y

NPP 6y

AA

8y 9m

NPP 4y 9m

Knife

nil

Robberies committed with co-offender.

Parity

Renton

(29)

NSW CCA [74]

18.3.2002

7 x s.97(1)

 

PG

6y

NPP 3y

AD

blood filled syringe

mostly dishonesty

Robbed females in small businesses.

Drug addiction - Element of coercion by abusive partner - Remorse - Evidence of rehabilitation

Ghisolfi

(39)

NSW CCA [166]

9.5.2002

2 x s.97(1)

 

Sched:
2 x s.97(1)

 

PG

12y

NPP 9y

AD

Knife

lengthy record including AR - on parole for offences of similar type

Robbed small businesses run by women.

C Gonzalez

(23)

 

 

F Gonzalez

(26)

 

NSW CCA [287]

19.7.2002

20 x s.97(1)

Ass w/I to Rob

 

PG

12y

NPP 9y

 

 

12y

NPP 9y

AA

9y 8m

NPP 7y 2m

 

AA

10y 6m

NPP 7y 10m

baseball bat, screwdriver, knife

minor drug convictions

 

 

lengthy

Brothers robbed vulnerable victims in retail stores late and night or in early hours of morning - Some places robbed more than once - Equal culpability

CG - remorse - prospects of rehabilitation

Alvarez

(28)

NSW CCA [283]

19.7.2002

2 x s.97(1)

 

Sched:

2matters

 

VG/

PG

10y

NPP 6y 6m

AD

Handguns

minor. On bond.

Offences committed over 3 years with co-offenders. Conspired to rob bank security van. Police intervened.

Robbed chemical factory seeking drug to sell for $180k.

Robbed bank, threats to kill staff, gun discharged.

Dorsett

(34)

NSW CCA [326]

14.8.2002

6 x s.97(1)

 

Sched:

4 x AR

Demand money

 

PG

12y

NPP 8y

AA

(to change individual sentences to comply with Pearce - Total sentence unchanged)

Knife

on parole for similar offences

Robbed businesses with knife - Feeding drug addiction

Zahab

(31)

NSW CCA [430]

25.10.2002

5 x s.97(1)

 

Sched:

12 x s.97(1)

 

PG

6y

NPP 4y

Crown AA

7y 6m

NPP 5y

Syringe

priors for robbery and assault - breached bail

Robbed service stations mostly at night - Some victims robbed more than once

Suffering drug induced psychosis and schizophrenia

Rai

(18)

NSW CCA [506]

4.12.2002

2 x s.97(1)

 

PG

15m

NPP 5m

Crown AD

Hammers

Armed robbery, violence, property.

Previous custody.

With accomplice, armed with hammers, robbed two teenage checkout operators at supermarket.

Intellectual disability falling in lowest 3% of population. Inadequate personality disorder. Difficult upbringing. Lived on streets. Alcohol and heroin addict.

AO

(14)

NSW CCA [43]

4.3.2003

9 x s.97(1)

2 x Rob in Co

 

Sched:
19 x AR

3 x Rob in Co

 

PG

7y

NPP 4y

AD

Knife

appalling record - on parole for robbery

With co-offender robbed service stations using knives - Actual violence inflicting injury

Fresh evidence that appellant aged 14 not 16 not enough to justify reduction

Roberts

(36)

NSW CCA [67]

21.3.2003

2 x s.97(1)

 

VG

8y

NPP 6y

AD

Knife

offences committed as young person - no prior convictions for 10 years.

Wearing motorbike helmet and scarf, entered pharmacy, threatened staff with knife, taking money and drugs - Within 15 minutes committed second offence at another pharmacy.

Gardener

NSW CCA [2]

11.4.2003

3 x s.97(1)


Sched:

Att AR

AR

 

PG

6y 9m

NPP 4y 6m

Crown AA

9y 3m

NPP 6y 6m

sawn-off shot gun

long and serious - on bail awaiting trial for rob in company

Robbed banks with co-offender - Customers threatened

Aboriginal - poor and disrupted background with physical abuse - significant learning and behavioural difficulties - mental state exacerbated by drugs - risk of re-offending

Bereyne

(23)

NSW CCA [153]

6.6.2003

3 x s.97(1)

 

Sched:

9 x AR

5 x SMV

2 x Stealing

PCBI

2 x Traffic off

 

PG

12y

NPP 8y

AD

Blood stained syringe

Knife

Lengthy record although not as serious – some offences committed while on bail

Offences committed over 4 month period

Disturbed childhood

Mony

(17)

NSW CCA [245]

1.9.2003

10 x s.97(1)

 

Sched:

6 x AR

17

PG

9y 6m

NPP 5y 6m

(Juvenile Detention until 21)

AD

 

3 drug offences

1 motor vehicle offence

Few details – issue of parity.

Krempin

(30)

NSW CCA [263]

9.9.2003

s.97(1)

Assault w/i AR

 

PG

4y

NPP 21m

AA

4y

NPP 18m

Swiss army knife

No history of violence

Robbed SS holding knife at attendant’s ribs – Attempted to rob second SS but left without cigarettes

Chronic alcoholic from early age – Severe depressive and anxiety disorder – Offences out of character – Prospects of rehabilitation

Arriaza

(36)

NSW CCA [4]

5.2.2004

3 x s.97(1)

Armed ass with intent to rob

 

Sched:
3 offences

 

PG

7y

NPP 3y 6m

AA

6y

NPP 3y

Knife

Minor irrelevant record – breached bail and bond

Robbed hotel, newsagency and pharmacy

Long term depressive illness and drug addiction – Genuine remorse – Excellent prospects of rehabilitation

Keen

(19)

NSW CCA [86]

16.4.2004

2 x s.97(1)

Rob in company

 

PG

5y 11m

NPP 4y 5m

AA

5y

NPP 3y

Knife

Nil. On bail.

Committed three robberies during one month period – With co-offenders robbed three shops – Co-offenders armed with knife on each occasion.

Gambling addiction - protective custody.

Garner

(21)

NSW CCA [343]

1.10.2004

2 x s.97(1)

 

Sched:

Use off weapon to prevent lawful appreh

 

PG

3y

NPP 1y 6m

AD

Knife

Nil

Robbed two shops using knife – stole money and cigarettes

Offences out of character – depressive illness at time of offence

Mohamadin

(18/19)

NSWCCA [401]

17.11.2004

3 x s.97(1)

 

Sched

2 x AR

2 x Rob in Co

 

PG

8y

NPP 5y

AD

Knife

Nil

Armed hold-ups of pizza deliverers – in company – $800 and two mobiles taken

Full time student – drugs – offences committed to obtain money for drugs – some contrition

Waqa

(18)

NSW CCA [405]

26.11.2004

 

 

 

NSW CCA [33]

24.2.2005

12 x s.97(1)

 

Sched:

12 x AR

Att AR

 

PG

7y 6m

NPP 4y 4m

Crown AA

10y

NPP 5y 6m

(failure to give assistance)

 

 

AD

Knife

Not stated

Robbed small businesses with co-offenders over seven weeks

Recanted at committal

Subsequent appeal considered method of calculating multiple discounts – found no error in calculation in first appeal

Maxfield

(28)

NSW CCA [136]

30.3.2005

7 x s.97(1)

 

Sched:
5 AR offences

 

PG

8y 9m

NPP 6y 9m

AD

Knife

Replica pistol

Criminal record – no leniency – breached parole

Robbed supermarket, chemist and shop assistant using knife or replica pistol over 2 months.

No error in ratio of head sentence to non-parole period

Harris

(23)

NSWCCA [204]

1.6.2005

2 x s.97(1)

 

Sched

Attempt AR

23

PG

6y 3m

NPP 4y 3m

AD

Knife

Dishonesty – no previous custody

Stole $867 in bank hold-up – next day stole $1000 and drugs from pharmacy – unsuccessful attempted robbery of bank

Drug user though quit heroin while in custody – supportive family and good education – stable relationship with child (another child having died from SIDS) – earlier partner killed while pregnant – grief over deaths – remorse including writing letters to victims

Spinks

(32)

NSW CCA [459]

6.12.2005

4 x s.97(1)

 

Sched:

Additional offence

 

PG

15y

NPP 8y 9m

AD

Shortened rifle

Criminal record – breached conditional liberty

Robbed newsagencies and bottle shops with co-offenders

Difficult childhood

Olsen

NSW CCA [88]

29.3.2006

2 x s.97(1)

 

Sched:
s.97(1)

 

PG

4y

NPP 20m

AD

Knife

 

Robbed same pharmacy three days running

Assistance discount

Tapueluelu

NSW CCA [113]

3.4.2006

s.97(1

Rob in Co

22/23

PG

8y

NPP 6y

AA

8y

NPP 5y 3m

Semi - automatic

Criminal record – included robbery offences as at 15y

Robbed liquor store with co-offender – robbed second liquor store alone

Failure to give effect to finding of special circumstances

Miski

(24)

NSW CCA [178]

5.6.2006

3 x s.97(1)

Rob in Co

 

Sched:

s154A

24

PG

4y 5m

NPP 3y

Crown AA

7y

NPP 5y 3m

Knife, Pistol

Lengthy. On parole.

Over two week period, robbery of service stations armed with pistol; and robbery of motel threatening staff with knife.

Heroin addiction.

Rumble

NSWCCA [211]

18.7.2006

3 x s.97(1)

 

Sched:

3 x AR

31

PG

8y

NPP 5y

AA

7y

NPP 4y 6m

Knife, blood-filled syringe

Lengthy

Held up newsagency and convenience stores.

Drug addiction. Supportive family.

Salvaggio

NSW CCA [327]

12.10.2006

2 x s.97(1)

Rob in Co

 

Sched:

3 offences including AR

23

PG

7y

NPP 4y 6m

AD

Pistol

Nil

Stole cars from driver while test driving – used pistol three occasions – Involved in robbery of SS

Genuine remorse – acted under duress – owed money to drug dealer

Fairbairn

NSW CCA [337]

3.11.2006

2 x s.97(1)

 

Sched:

s.99

2 x knife off

49

PG

4y 6m

NPP 3y

AA

22m

NPP 15m

Knife

Nil relevant

Attempted to rob cake shop – threatened 16y shop assistant, female proprietor and customer

Good character – serious medical problems – limited intellectual resources – dying mother

Anaki

NSW CCA [414]

10.11.2006

2 x s.97(1)

AR

 

Sched:

4 offences

 

PG

13y

NPP 9y 6m

AA

10y

NPP 7y

Sledge hammer

Priors for similar offences

All offences committed on banks and in company

Evidence of rehabilitation from drug addiction

An

NSW CCA [53]

7.3.2007

8 x s.97(1)

 

VG

12y 3m

NPP 10y

AA

10y 6m

NPP 7y 6m

Imitation pistol and knife

 

Robbed massage parlours

Naji

NSW CCA [198]

29.6.2007

2 x s.97(1)

22

PG

2y Suspended

Crown AA

4y

NPP 2y

Scissors

 

On two separate occasions, entered store and threatened store assistant with scissors – Stole money.

Drug addiction.

TS

NSW CCA [194]

5.7.2007

5 x s.97(1)

 

Sched:

9 offences

15-16

PG

7y 6m

NPP 4y

AA

5y

NPP 3y 6m

Knife

Priors – breached bail

Robbed retail stores using knife – accompanied by co-offender on several occasions – one attendant punched in stomach

Waterson

NSW CCA [284]

16.10.2007

2 x s.97(1)

 

PG

6y

NPP 3y 6m

AD

Knife

On recog

Robbed taxi drivers – threatened with knife – planned offences.

Ionatana

NSW CCA [95]

1.5.2008

3 x s.97(1)

 

Sched:

3 offences

21

PG

7y 6m

NPP 3y

AD

Knife

Dishonesty; previous gaol; on bail.

Robbed shopkeepers of money - threatened one V that he would break his nose.

Mental health issues following serious car accident – drug dependency.

Cowan

NSW CCA [124]

4.6.2008

18 x s.97(1)

s.97(2).SMV

 

Sched:

22 x s.97(1)

BES

32

PG

9y

NPP 6y 15d

Crown AA

11y 6m

NPP 8y 6m

Various weapons including axe, knife, screwdriver and replica pistol

Length record

On Christmas Day robbed hotel in company with two co-offenders – joint criminal enterprise – patrons and employees threatened with extreme violence – stole $24,179.90 – over next few weeks committed 27 armed robberies in 17 events – robbed shops and commercial premises

El-Arja

NSW CCA [8]

12.2.2009

2 x s.97(1)

 

Sched:

Rob in Co

24

PG

6y

NPP 4y

AD

Knife

Record

Robbed three commuters on trains within three days – In company of co offenders – On second occasion co-offender held knife to throat of victim – On third occasion held knife used to threaten victim

Long term drug problem

Merhi

NSW CCA [9]

12.2.2009

s.97(1): AR

2 x s.97(1): Rob in Co

 

Sched:

Related offence

20

PG

6y

NPP 4y

AD

Knife

Breached s.10 bond

Robbed pedestrian walking from train station in evening – threatened with umbrella – pretended to have knife – in company of juvenile – Robbed two train commuters on separate occasions in company of co-offenders – Co-offender armed with knife on second occasion

Natoli

NSW CCA [36]

25.2.2009

Att s.97(1)

4 x s.97(1)

Rob in Co

 

Sched:

4 x s.97(1)

22

PG

12y

NPP 8y 9m

AA

10y

NPP 6y 8m

Replica pistol

 

Robbed train passengers using replica pistol – some verbal threats to kill – two victims teenage boys – some physical assaults – elements of planning – all offences committed within a few days

Low level of intelligence – remorse – good prospects of rehabilitation

Farrell

NSW CCA [77]

25.2.2009

2 x s 97(1)

 

 

6y 6m

NPP 5y

AD

Knife

 

Robbed two service stations armed with knife – took money.

Jajou

(22)

 

Jebara

(19)

 

Lafta

(18)

 

NSW CCA [167]

26.6.2009

2 x s.97(1)

 

PG

2y suspended

Crown AA

2y

NPP 18m

Knives and meat cleaver

Nil

Robbed convenience store proprietor of money and cigarettes – robbed store customer of money and mobile phone.

Stable backgrounds - No drug or alcohol issues.

Cavanagh

NSW CCA [174]

30.6.2009

 

 

Co-offender: McIvor

4 x s.97(1)

s.95 (assault w/I rob in company)

 

Sched:

5 x s.97(1)

7 other offences

25

PG

14y

NPP 10y

AD

Knife and screwdriver

On parole for robbery offences

Robbery of retail stores armed with knife in all but one offence

Living on streets by 12y – earlier drug addiction – offences financed drug habit

McIvor

NSW CCA [7]

12.2.2010

 

Co-offender:
Cavanagh

2 x s.97(1)

Assault w/I rob in company

24

VG

15y

NPP 9y 6m

AA

10y

NPP 7y 3m

Knife

On parole fro robbery offences

Robbery of liquor stores armed with knife in company – on third occasion unsuccessful

Kelly

NSW CCA [259]

9.12.2010

5 x s. 97(1)

 

Sched:

Intentional set fire; Steal mv

 

 

PG

5y 6m

NPP 3y 6m

Crown AA

7y 6m

NPP 5y

Knife

 

Robberies took place within one week with two co-offenders - First robbery home invasion – held knife to throat of female victim – tied up female and male victim – took personal items - Two other robberies of service stations – threatened victims with knives – took $1100 and $2000 - Fourth robbery of male victim standing beside car – took $1000 – Fifth robbery of club – held knife to victim’s throat – took $13000.

Mental illness - schizophrenia – youth.

Sentences manifestly inadequate.

Wakefield

NSW CCA [299]

15.12.2010

2 x s 97(1)

53

PG

7y

NPP 5y 3m

AD

Black rubber piping disguised to look like barrel of gun

 

Robbed Post office store and video store.

Heavily institutionalised.

Hardcastle

NSW CCA [87]

15.4.2011

2 x s 97(1)

 

PG

5y

NPP 3y

AD

Rifle; replica pistol

 

With co-offender (who was armed with rifle) robbed service station – with co-offender robbed post office of cash armed with replica pistol.

Mental disability due to head injury.

Chandler

NSW CCA[135]

28.6.2012

4 x s 97(1)

1 x s 154A (drive stolen vehicle)

 

36

VG except PG to 1 x s97(1)

7y 6m

NPP 5y

Crown AD

Applicant’s AD

knife

AOABH, resist police, mal wound, shoplifting, breach AVO

With girlfriend robbed V1 (elderly man) holding knife to throat taking $300 – on same day with girlfriend robbed V2 and V3 outside their home demanding car keys, caused laceration to V2 with knife, struck female V3 in face causing nose fracture – with unknown male robbed V4 delivery driver, threatened with knife, took car keys, cash, mobile phone, punched V4 in nose.

Heroin addiction – lifelong mental illness.

BT

NSWCCA [276]

14.12.2012

4 x s 97(1)

16-17

PG

3y 8m

NPP 2y 6m

AD

replica pistol

AR, firearms. On parole.

With co-offender/s committed robberies on service stations and fast-food restaurants – took money and cigarettes. Drug addiction – remorse.

Gibbons

NSW CCA [166]

15.7.2013

5 x 97(1)

30

PG

5y 6m

NPP 3y

Crown AA

7y

NPP 4y

Knife

AR, violence, possess drugs, driving, assault police. On suspended sentences for assault and damage property.

Offences over 3 week period – robbed service stations and corner supermarkets of cash (around $4000).

Drug addiction.

Difficult upbringing – mother died when A aged 10 – some employment stability

Gray

NSWCCA [169]

19.7.2013

6 x s.97(1)

2 x s.154A(1)

 

Sched:

s.97(1)

s.154A(1)

32

PG

8y

NPP 6y

AD

Knife

Lengthy – breached parole for AR

Took cars from car dealership and car repairs workshop – robbed fast food outlets, post offices and newsagent

Very low intelligence and difficult childhood led to drug addiction and depression

Tuvunivono

NSWCCA [176]

2.8.2013

6 x s 97(1)

2 x Att AR

 

Sched:

11 x AR, Att AR, Stealing, Provide false info.

27

PG

12y

NPP 8y

AD

Knife

AR, Mal inflict GBH. On parole.

Robbed various stores which were in isolated areas – obtained small amounts of money - total of about $8000 cash.

Dysfunctional background – lived on streets at 13 - drug abuse since a young person.

Morey

NSWCCA [341]

10.12.2013

AR

2 x AR

Robbery

Att robbery

 

Sched:

Multiple offences

50

PG

VG

9y

NPP 7y

AA

8y 9m

NPP 6y

Toy pistol

Record including AR

Robbed retail shops, post office, hotel and pharmacy using toy pistol. Some discount for assistance

Tynan

NSWCCA [75]

7.5.2014

2 x AR

Drive disq

26

PG – 25%

4y

NPP 2y 6m

AD

Steel rod – umbrella shaft

Minor - breached bail

Robbed service stations

Difficult childhood – traumatic past – mental health – genuine remorse

Khawaja

[2014] NSWCCA 80

AR Assault W/I

22

PG 25%

Total:

6y

NPP 4y

AD

Knife

Affray, BES

Robbed two late night convenience stores – threatened shopkeepers with knife.

Drug addiction – troubled youth

Ngati

[2014] NSWCCA 125

2 x s.97(1)

 

Sched:

Related robbery and detaining offences

30

PG
(limited)

12y NPP 9y

AD

Knife

Substantial record

Robber hotels in company with juvenile family member – employees threatened – callous and cruel. Extremely low intelligence