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 - Non-Custodial Sentences - s.97

s97(1) Armed robbery with offensive weapon (20y)
s97(2) Armed robbery with dangerous weapon (25y) 

Case

Offence

Plea

Sentence

Appeal

Weapon

Record

Facts

Diamond

(18)

NSW CCA

18.2.1993

AR

PG

3y PD

AD

No parity with juvenile co-offender.

Knives

Nil

Robbed liquor store using knives. Played significantly lesser role than co-offender.

Maddocks

NSW CCA

25.11.1993

AR

PG

500h CSO

Crown AD

Inadequate but in discretion Court will not intervene.

Gun

Minor

Robbed video store with gun.

Good subjective features, including assistance to police.

Jones

NSW CCA

15.4.1994

AR

 

Sched:

AR

PG

Griffith Remand

Crown AD

Exceptional rehabilitation

Pistol

nil relevant

Spontaneous incident. Held pistol at head of owner of general store.

Undertaking drug rehabilitation prior to sentencing. Very positive.

Randall

(25)

NSW CCA

19.4.1994

AR

PG

21m PD

(88d PSC)

Crown AD.

Sentence inadequate but counter-productive to return A to gaol.

Knife

On bond at time of offence.

Reoffended on bail.

Threatened elderly female with knife and forced her to retrieved $40 from inside house.

Sharpe

NSW CCA

27.9.1994

AR

Possess unlic firearm

PG

3y PD

(conc)

Crown AD

Inadequate but Court exercised discretion not to intervene because of rehabilitation.

Revolver

On bail

In company of another robbed a vet supply company for steroids. Used revolver and tied up V. Carefully planned offence. ( Two days later found in possession of unlicensed firearm.)

SJ found that offence result of steroid abuse, and rehabilitation meant A unlikely to re-offend.

C

(1994) 75 A Crim R 309

AR

4 x kidnapping

 

Sched:

7 offences including AR.

PG

GBB 5y

(11m PSC)

Crown AD

s.442(2) Crimes Act discussed. Not unreasonable for SJ to impose non-custodial sentence because of assistance.

 

 

Kidnapping occurred during robbery. Assistance to authorities resulted in grave fears for self and family.

Georges

NSW CCA

30.5.1996

AR in company

PG (late)

500h CSO

Crown AD

Although lenient sentence within permissible range

 

nil

Principle in the second degree - driver.

Lattouf

(19)

NSW CCA

12.12.1996

s.97(2)

PG

3y PD

(2m PSC)

Crown AD

Gun

minor

Robbed store with two other men. Acted as lookout and removed some equipment. Gun used.

Good subjective features.

Kerr

(23)

NSW CCA

26.8.97

s.97(1)

 

Sched:

6 offences, including robbery

PG

Griffiths Remand

(3m PSC)

Crown AD

Sentence inadequate but in discretion did not intervene.

Knife

2 driving offences.

Used knife to rob bottle shop.

Undertaking drug rehabilitation.

Gitt

(37)

NSW CCA

18.5.1998

s.97(1)

 

500h CSO

Crown AD

Sentence inadequate but in discretion did not intervene.

Knife

number of entries but none for violence

Grabbed handbag of female V in shopping centre. V’s finger cut during struggle.

Financial need; emotionally dependent on wife who suffered from agoraphobia.

Tocknell

(18)

NSW CCA

28.5.1998

3 x Assault w/i to rob while armed

PG

300h CSO

Griffiths Remand

Crown AA (procedural miscarriage).

CSO confirmed

2y GBB

Knife and tomahawk

Nil

Attempted to rob three businesses for money for food and drugs. Injected self with amphetamines first. Used knife and tomahawk. All three V refused to hand over money. Attempts almost ludicrous.

History of psychiatric problems.

 


Cases post-R v Henry CCA (1999) 106 A Crim R 149 (Armed Robbery Guideline Judgment)

Case Offence Plea Sentence Appeal Weapon Record Facts

Govinden
(18)
(1999) 106 A Crim R 314

Acc after fact to AR
Acc after fact Rob in co

Sched:
Possess short. Firearm

PG

GBB 2y
200h CSO

Crown AD

Gun

nil

Minded gun A knew had been used in AR. Later assisted others rob store by holding open bag for money.
Stable family environment. Remorse towards V.

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

Robbed service stations with co-offenders, armed with kitchen knife and baseball bat.

Blackman
(17)



Walters
(20)

NSW CCA [121]
8.5.2001

s.97(2)
Access before fact to BES
Access after fact to BES

s.97(2)
BES

PG





PG

2y suspended
4y GBB



2y suspended
4y GBB

Crown AD





Crown AD

hand guns, baseball bat, softball bat

nil prior or subsequent




nil prior or subsequent

Involved in home invasion of private residence with third offender. Also sentenced for involvement in theft of handguns from private residence several days earlier.

Israil
(26)
NSW CCA [255]
19.6.2002

s.97(1)
Att AR

Shed:
AR
Demand money with menaces

PG (25%) 

2y suspended (concurrent)
(7m PSC)

Crown AD

blood filled syringe - mock rifle

Robbed shop using blood filled syringe taking $150 - Attempted to rob same shop again using pole disguised as rifle, failed to obtain any property.
Severe psychiatric condition.-

Parsons
(19)


 



Poore
(20)

NSW CCA [296]
26.7.2002

s.97(1)






s.97(1)

PG






PG

2y PD






2y PD

Crown AD.
PD revoked prior to hearing of appeal.
AA
NPP 18m

Crown AD

miniature sword

priors for PHBI and BES





nil

Flatmates robbed pizza delivery man and took car - Met with third person to remove stereo system - Equal culpability

Azzi
NSW CCA [10]
6.2.2003

s.97(1)

Sched:
AR

PG (25%)

2y suspended

Crown AD

piece of wood

With co-offender robbed service station - Similar offence committed four days earlier

DV
(22)
NSW CCA [319]
8.9.2005

AR

Sched:
2 x Assault

PG

3y
NPP 27m PD

Crown AD

Pistol

Nil

Employee let three co-offenders into club - employees threatened with pistol
Crown appeal when failed to give evidence at second trial of co-offender.

Gadsden
NSW CCA [453]
14.12.2005

s.97(1)

Sched:
s.97(1)

PG

200h CSO
4w PSC

Crown AD

Baseball bat

Nil

Young offender - 3 males threatened and robbed young pedestrian - pressured by co-offender.
Genuine remorse - 4 weeks PSC - assistance.

Brown
NSW CCA [6]
12.3.2009

AR

Sched: Robbery

PG

s.11 CSPA (Griffiths Remand)

Crown AD

Knife

Robbed victim of mobile phone on city street - threatened victim with knife.

Assad
(20)
NSW CCA [182]
14.7.2009

Rob in co
Armed Rob
Agg taking MV

Sched:
Assault with intent rob

PG

3y
NPP 1y 9m
PD

Crown AD

Knife

SJ found A had 'not developed settled criminal habits'.

Rob in co: With co offenders robbed jewellery store - tied up female store assistant - threats to kill.
Armed rob: With co offender robber taxi driver.
Drug addiction.

JW
(15)
NSW CCA [49]
22.3.2010

s.98
Attempt s.98

PG

2y suspended
80h CSO

Crown AA
Total:
2y 7m (suspended)

Knife

Nil

Group of three youths assaulted and robbed male outside train station - threatened with knife - money stolen - fingers cut in defensive action - shortly later pursued two men down street to house - one male cut finger in struggle - nothing stolen - lesser participant -
Intellectual disabilities - trouble free in 18m since arrest - good prospects of rehabilitation – remorse – difficult childhood with domestic violence and sexual abuse

Crowe

(18)

NSW CCA [251]

5.8.2011

s.97(1)

PG

12m bond

Crown AD

Replica pistol

Nil

Robbed male walking down street at 1am – took $5 – friends in car – intoxicated – impulsive and unpremeditated - evidence of rehabilitation