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 - Single - s.97(1)

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

Case
Offence
Plea
Sentence
Appeal
Weapon
Record
Facts

Diamond
(18)
NSW CCA
18.2.1993

s.97(1)

PG

3y PD

AD
No parity with juvenile co-offender.

Knives

Nil

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

Ellis
(26)
(1993) 68 A Crim R 449

s.97(1)

PG

MT 6y 6m
AT 2y 2m

AD
'near top of range'

Sawn-off shotgun

AR offences - on parole for AR

Robbed Credit Union wearing balaclava with female accomplice. Gun loaded but no bullet in breach.
Evidence of good rehabilitation during remand.

Maddocks
NSW CCA
25.11.1993

s.97(1)

PG

500h CSO

Crown AD
Inadequate but in discretion Court will not intervene.

Gun

Minor

Robbed video store.
Good subjective features, including assistance to police.

Wakefield
NSW CCA
17.12.1993

s.97(1)

PG

MT 9y
AT 3y

AD

Sawn-off shotgun

bad, including AR - on parole for similar offences

Robbed Post Office with loaded sawn-off shot gun. Pointed gun at customers, inches from chest, with finger on trigger.
Drug and alcohol problems.

Walker
NSW CCA
21.2.1994

s.97(1)

Sched:
several BES
PHBI

PG

MT 5y
AT 2y

AA
MT 4y
AT 2y

Wheel brace

long - PD and three bonds at time of offence

Robbed tobacco truck with co-offender. V struck and threatened with death.
Played lesser role than co-offender.

Jones
NSW CCA
15.4.1994

s.97(1)

Sched:
AR

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

s.97(1)

PG

21m PD
(+ 88d PSC)

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

Knife

On bond at time of offence - re-offended on bail

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

Roberts
(20)

Lewis
(21)

McVean
(18)

(1994) 73 A Crim R 306

s.97(1)


s.97(1)


Access before the fact to AR

Sched
Possess SMV
Plates calculated to deceive

PG



PG


PG

3y PD



3y PD


3y PD

Crown AA
MT 1y
AT 2y

MT 1y
AT 2y

MT 1y
AT 2y

Machete & iron bar

on bond



nil


minor

R and L concealed selves in store with assistance of M who was employee. After closing held up female employee with machete and iron bar. Threatened to cut throat of female. Three V bound and pillowslips placed over heads. M kept lookout for police in stolen car.
R: genuine remorse, victim of social circumstance.
L: contrition, cadet in army, out of character
M: drug and alcohol addiction.

Siafakas
NSW CCA
25.7.1994

s.97(1)

MT 2y
AT 2y

AA
MT 15m
AT 9m

Replica pistol

on bond

Held up clerk taking business takings to bank with co-offender. Organiser of offence.
Parity.

Napier
(28)
NSW CCA
25.11.1994

s.97(1)

Sched:
AR
Poss shortened firearm

PG

MT 4y
AT 2y

AD

Shortened firearm

priors - Form 2 offences committed on bail for AR

Robbed Credit Union
Substantial efforts to rehabilitate in custody.

White
NSW CCA
20.4.1995

s.97(1)

PG

MT 1y 6m
AT 1y 3m

AD

Sawn-off shotgun

nil

Robbed service station while drunk and disguised.
Unemployed, under financial stress and wife pregnant. Gave self up to police.

Davies
NSW CCA
29.11.1995

s.97(1)

PG

MT 3y 3m
AT 2y

AA
MT 2y
AT 1y 6m

Knife

priors

Robbed service station and attacked attendant with knife. Alcohol problem.
Assistance to authorities.

Dunn
(41)
NSW CCA
11.12.1995

s.97(1)

PG

MT 2y
AT 3y

AD

Replica pistol

Robbed bank taking $5650.
Suffering Hep B and C; contrition; unlikely to re-offend; lack of pre-meditation.

Khoury
NSW CCA
8.3.1996

s.97(1)

Sched:
2 x poss unlic firearm
Ride in stolen car
Assault

MT 2y 6m
AT 2y

AD

Loaded pistol

lengthy, including AR - 10 year gap since previous offence

Robbed hardware store. Pointed pistol at two employees. Gun discharged during robbery.
Successfully completed drug rehab program on Griffith's Remand.

Clarke
NSW CCA
8.3.1996

s.97(1)

MT 3y 6m
AT 1y 6m

AA
MT 2y 6m
AT 1y 6m

Knife

previous gaol

Robed heavily pregnant restaurant owner with knife.
When arrested for another matter volunteered guilt in this offence ; youth; aboriginal.

Zaoud
NSW CCA
24.7.1996

s.97(1)

PG

MT 3y
AT 2y

AA
MT 2y 6m
AT 2y

on bond - indecent assault

Three offenders entered night club, tied up owners and took wallet. Demanded pin number and withdrew $500 from teller.
Sentenced on basis of common purpose only - not main offender.

Cooper
(35)
NSW CCA
1.11.1996

s.97(1)

PG

MT 3y 9m
AT 2y

AD

Baseball bats

'formidable' record including dishonesty

Went to home of V with two other males, disguised and armed with baseball bats. Demanded money from V and struck them with bats.
Lost both parents early in life; drug problem; without admissions Crown would have had difficulty with conviction.

Haworth
NSW CCA
18.11.1996

s.97(1)

Sched:
2 matters

PG

MT 4y
AT 3y

AD

Shortened automatic shotgun

priors, although no details

Robbed Credit Union with unloaded shotgun. Balaclava in bag. Planned offence.

Leonard
NSW CCA
22.11.1996

s.97(1)

PG

MT 3y 6m
AT 3y 6m

AD

Timber

priors but not detailed

Robbed service station with co-offender at 9.30pm. Threatened attendant and obtained money.
Aboriginal.

Lattouf
(19)
NSW CCA
12.12.1996

s.97(1)

Sched:
2 x possess

PG

3y PD
(+2m PSC)

Crown AD

Gun

Minor

Robbed store with two other men. Acted as lookout and removed some equipment.
Good subjective features.

Bustescu
NSW CCA
20.12.1996

s.97(1)

PG

MT 5y
AT 2y 6m

AA
MT 4y
AT 2y
(3y discount for assistance)

Guns

With four other men robbed V in their home. V tied up and assaulted. V in their sixties. No evidence A participated in violence on V.
Considerable assistance (without assistance sentence would have been 11 years.)

Wright
(23)
(1997) 93 A Crim R 48

s.97(1)

PG

GBB 3y

Crown AA
MT 1y
AT 2y

Steak knife

on bond - assault, dishonesty, variety of bonds & CSO

Robbed Pizza delivery woman with co-offender. Grabbed her from behind and held serrated steak knife to throat.
On drugs at time of offence.

Kerr
(23)
NSW CCA
26.8.1997

s.97(1)

Sched:
6 offences, including robbery

PG

Griffith's Remand
(+3m PSC)

Crown AD
Sentence inadequate but in discretion did not intervene

Knife

2 driving offences.

Robbed bottle shop taking $546.
Undertaking drug rehabilitation.

Baker
NSW CCA
27.8.1997

s.97(1)

PG

MT 6m
AT 12m

Crown AD
Manifestly inadequate, but excellent rehabilitation after five months and delay.

Machete type knife

on bail and periodic detention - dishonesty, driving and drugs - nil full time custody

Morning of offence granted bail for assault and breach AVO. Robbed 74y female shop keeper with in isolated shop. Admitted robbery was for 'pure greed'.
Readily admitted offence; suffering depression as result of physical illness.

Hilder
NSW CCA
10.10.1997

s.97(1)

VG

MT 6y
AT 4y

AD
(no real argument made)

Rifle

10 AR - on parole for these offences

Robbed bank with rifle taking $8395. Had previously rejected different bank because of presence of security guard.
Mental illness.

Micalleff
(19)
NSW CCA
3.11.1997

s.97(1)

Sched:
Use heroin

PG

MT 2y
AT 4y

AA
MT 18m
AT 2y 6m

Blood filled syringe

nil

Robbed florist with blood filled syringe.
Female offender; heroin addict; appalling background.

Gitt
(37)
NSW CCA
18.5.1998

s.97(1)

500hrs 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.

Hines
(39)
NSW CCA
25.5.1998

s.97(1)

PG

MT 4y 8m
AT 2y 4m

AD

Paring knife

very bad - bond

Broke into elderly V's house while asleep. Disguised himself and picked up paring knife from kitchen. Held knife at V's throat. Stole goods, tied up and threatened V. Intoxicated.
Surrendered to police; chronic alcoholic and drug addict.

Qi
(18)
(1998) 102 A Crim R 172

s.97(1)

Sched:
Kidnapping

PG

2y PD
(+11m PSC)

Crown AA
MT 2y
AT 2y
(starting date set to include PSC and time served on PD)

attempt BES, illegally use conveyance, possess ammunition - serving CSO and on probation and bail.

Forced entry into home with two other youths. Threatened occupants, including 11y female with gun and knife. Female taken and kept at hotel room until rescued by police next morning.
A involved primarily in robbery, but not armed and played minor role.

Toomey
(25)
NSW CCA
22.7.1998

s.97(1)

PG

MT 3y
AT 3y

AD

Screwdriver

mal damage, property, dishonesty, drugs - on bail

Robbed convenience store worker of $400.
Aboriginal; alcohol and drugs.

Fisher
(25)
NSW CCA
18.9.1998

s.97(1)

PG

MT 2y
AT 6m

AA
MT 15m
AT 15m

Knife

nil relevant

Robbed Post Office. Took money from till but panicked and left when told safe on alarm and customer arrived. Used own car and traced through number plates.
Out of character with no explanation for behaviour.

Kavia
NSW CCA
9.11.1998

s.97(1)

PG

MT 3y
AT 3y

AA
(sentence backdated)

multiple robberies - on bond and parole at time of offence

Backdating issue only.


 



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

NAME
OFFENCE
PLEA
SENTENCE
APPEAL
WEAPON
RECORD
INVOLVEMENT & SUMMARY

Henry
(23)
(1999) 106 A Crim R 149

s.97(1)
Rob in company

Sched:
Administer heroin

PG

MT 1y 6m
AT 4y

Crown AA
MT 3y 6m
AT 2y

Knife

MV theft, drugs, mal damage, dishonesty - no previous custody.

Robbed service station attendant of $810. Cut telephone wires when leaving. Robbed general store assistant of money from till with co-offender. Pointed knife at V's ribs.
Second offence committed on bail for first offence; heroin addict; unsuccessful rehabilitation attempts; remorse.

Jenkins
(1999) 106 A Crim R 149

Assault with intent to rob whilst armed

PG

MT 3y
AT 1y

AA
FT 2y

Knife

old priors not relevant

Demanded $20 from shop assistant, leaving store when alarm activated.
Prior good character - regret - immediate admission of guilt.

Tran
(18)
(1999) 106 A Crim R 149

s.97(1)

Sched:
Supply drug, GIC

PG

3y 6m GBB

Crown AA
MT 2y
AT 1y 6m

Replica pistol

possess shortened firearm, possess proh weapon, possess drugs - on recog and probation

With 2 co-offenders entered video shop wearing balaclavas. Pointed replica pistol at V and demanded money. $600 plus money and credit card taken.
Late plea guilty - some attempt at rehabilitation - 35% discount for assistance against co-offenders

Stahl
NSW CCA [160]
26.5.1999

s.97(1)

Sched:
Public mischief

PG

MT 3y
AT 2y

AD

Knife

BES, possess prohibited plant

Robbed taxi driver of keys, wallet and money. Held knife to V's throat.
Bipolar disorder; heroin addict; remorse; co-operation with authorities.

Collier
NSW CCA [137]
7.6.1999

s.97(1)

Sched:
Larceny

PG

MT 1y 10m
AT 2y 2m

AD

Syringe filled with red liquid

Drug and drug related offences

Robbed chemist of drugs wearing hood over face.
Drug addict; special circumstances.

Baker
NSW CCA [150]
11.6.1999

s.97(1)

Sched:
5 offences

PG

MT 2y 4m
AT 9m

AD

Knife

Lengthy

Entered home of 89y V with impaired vision and hearing, living alone. Took $30 and bank withdrawal form filled in by V.
Female drug addict.

Ah-See
(32)
NSW CCA [175]
30.6.1999

s.97(1)

VG

MT 4y
AT 3y

AD

Knife

dishonesty, supply heroin, receiving - previous custody - breach of recog at time of offence.

With shirt pulled over head robbed bowling club of money from till. Unpremeditated, amateurish effort.
Aboriginal affected by alcohol and methadone withdrawal. Rehabilitation prospects.

Mangan
NSW CCA [194]
21.7.1999

s.97(1)

VG

MT 7y 10m
AT 2y 7m

AA
MT 6y
AT 2y

Gun

Armed rob in company (Qld), dishonesty, drugs, possess firearms - previous custody.

With co-offender robbed garden centre safe of $9000. Both wore dust masks. Pointed gun at store manager.
Married with children.

Simon
NSW CCA [224]
4.8.1999

s.97(1)

PG

MT 3y
AT 2y 6m

AA
MT 2y 3m
AT 3y
(To enable A to attend drug rehabilitation).

Blood filled syringe

Extensive - dishonesty, mal injury, drugs, assaults, steal from person - much previous custody.

Entered service station with t-shirt hiding his face. Threatened staff taking $75. Money recovered.
Heroin addict; married with young child; offence committed to pay wife's traffic fines; no permanent home; on Rohypnol; contrite; State ward at 14; semi-literate; tragic background.

McCarroll
NSW CCA [237]
16.8.1999

s.97(1)

Sched:
GIC
4 x BE&S

PG

MT 6y
AT 2y

AA
MT 5y
AT 3y

Revolvers

Lengthy - BE&S, GIC, SMV, larceny, self-admin drugs, stealing with violence whilst armed (Qld) - previous custody.

With co-offender entered supermarket and robbed two Armaguard employees of $42,500 and two firearms. Well planned offence.

Elleissey
NSW CCA [299]
15.9.1999

s.97(1)

PG

MT 18m
AT 2y

AD

Knife

multiple theft, assault, BE&S, drugs

Robbed newsagent of $600.
Heroin addict; special circumstances.

Webster
NSW CCA [313]
27.9.1999

s.97(1)

PG

MT 6m
AT 3y 6m

Crown AA
MT 12m
AT 3y

Blood filled syringe

malicious damage, shoplifting - no previous custody.

With co-offender robbed convenience store of $410 and tobacco in early hours of morning.
Drug addiction; family support; married with child.

Young
NSW CCA [275]
9.9.1999

s.97(1)

PG

MT 3y
AT 3y

AA
MT 2y 6m
AT 2y

Knife

assault, drugs, malicious damage, driving - no previous custody.

While watching story on 'Australia's Most Wanted' boasted to family and friends he could commit a robbery. Left house affected by alcohol and amphetamines and robbed service station of $2415.
Dysfunctional and violent family background; drug use; immature; impetuous and amateurish offence; genuine remorse; good rehabilitation.

Stranglemen
NSW CCA [343]
25.10.1999

s.97(1)

PG

MT 2y 6m
AT 10m

AA
MT 18m
AT 13m
35% discount for assistance

Knife

nil

With co-offender robbed service station of $200 and cigarettes. Co-offender threatened victim with knife. A also had knife in pocket.
Employed; reliable worker; stable relationship; assistance to police re co-offender's involvement in other robberies.

Horne
NSW CCA [391]
6.12.1999

s.97(1)

PG

MT 7m 7d
AT 18m

Crown AD

Knife

One prior (not specified)

With co-offender wearing balaclavas robbed service station of $44 and cigarettes. Co-offender threatened V with knife. Lesser role than co-offender.
Female; drug abuse; resumed career upon release from gaol; family support; ideal prisoner.

Freeman
NSW CCA [394]
6.12.1999

s.97(1)

Sched:
BES

PG

MT 4y
AT 3y

AD

Knife

bad record

Robbed Service Station with three other men.
Aboriginal with deprived childhood, addicted to alcohol, illicit drug user.

Armstrong
NSW CCA [16]
14.2.2000

s.97(1)

PG

MT 3y
AT 3y

AD

Syringe

daunting record

Robbed service station, punching proprietor in struggle. Not sophisticated offence.
Early admissions to police; genuine remorse; drug addiction; assistance to authorities.

Stanley
NSW CCA [432]
16.2.2000

s.97(1)

MT 4y
AT 3y

AA
MT 3y
AT 2y

Knife

prior convictions - offence committed on recog and after 2 days of parole

After release from gaol stayed with friend. Went next door armed with knife to obtain drugs. 18y visitor no knowledge of drugs - gave $20 when assaulted
Aboriginal - itinerant lifestyle - addicted to drugs and alcohol.

Geoghegan
NSW CCA [93]
21.2.2000

s.97(1)

Sched:
Demand money with menaces
Larceny

PG

MT 2y
AT 2y

AA
(fresh evidence as to medical condition)
MT 1y 9m
AT 2y 3m

Female - No facts of offence provided.
Fresh evidence on appeal - physical illness - severe anaemia.

Zaia
NSW CCA [52]
23.2.2000

s.97(1)

Sched:
BES

MT 3y
AT 2y

AA
MT 2y
AT 2y

Knife

nil

Robbed pie shop with kitchen knife.
Female who become addicted to heroin recently through male partner.

Sua
(16)
NSW CCA [94]
23.2.2000

s.97(1)

PG

MT 3y
AT 2y 6m

AA
MT 2y 6m
AT 2y 6m

Pistol

prior convictions including violence and robbery

Forced way into private hotel, threatened manager with pistol and tied him to bed.
Significantly disturbed childhood culminating in drug abuse; some positive signs of rehabilitation.

Pagett
NSW CCA [438]
23.2.2000

s.97(1)

PG

MT 2y 6m
AT 18m
Conc with breach of parole - will serve 359d solely on this offence

AD

on parole for AR - parole revoked prior to commission of offence

Female - No details of offence - committed AR with co-offender.
Parity.

Coombes
NSW CCA [349]
31.7.2000

s.97(1)

PG

MT 3y 6m
AT 2y 6m

AA
3y 6m
NPP 2y

knife

Robbed male in park with co-offender. Taking credit cards. Knife held to V's throat and A kneed and punched V.
Assistance to authorities.

Majstrovic
(34)
NSW CCA [420]
9.10.2000

s.97(1)

PG

MT 4y 6m
AT 1y 6m

AA
6y
NPP 3y

toy pistol

lengthy

Robbed saleswoman at bottle shop of $270.

Doorey
(25)
NSW CCA [456]
27.10.2000

attempt s.97(1)

PG

MT 2y
AT 2y

AD

pocket knife

prior criminal record - offence committed while on bond

Borrowed jumper and beanie, walked from local party and attempted to rob service station. Unable to open register after attendant fled. Offence committed at night
Personality disorder - Substance abuse - Vulnerable in prison

Thornbury
(19)
NSW CCA [526]
6.12.2000

s.97(1)

VG

MT 3y 8m
AT 1y 6m

AA
5y
NPP 2y 9m

12cm knife

long record with diverse offences

Robbed service station staffed alone by middle aged woman at 8pm. Held knife against chest of victim.
Parents strongly influential in fostering A's attitude to crime. Aboriginal with deprived background.

Yucel
NSW CCA [532]
13.12.2000

s.97(1)

PG

4y
NPP 3m 2d

Crown AA
3y
NPP 1y 6m (PD)
(taking into account 3m 2d time served)

knife

Robbed electronics story of nearly $3,000 worth of property.
Impressive subjective features - good prospects of rehabilitation. Sentence not full time custodial because of delay in appeal and impressive rehabilitation.

Hughes
(19)
NSW CCA [264]
22.6.2001

s.97(1)

Sched:
Passenger in conveyance

PG

4y
NPP 3y

AA
4y
NPP 2y

not bad record

Robbed jewellery shop with three co-offenders. One offender armed with knife forced staff into rear office.
Difficult and unhappy childhood.

Elkurdi
(25)
NSW CCA [240]
27.6.2001

s.97(1)

PG

5y
NPP 3y

AD

knife

extensive record

Robbed shop causing superficial injuries to proprietor.

Elkaddour
(24)
NSW CCA [302]
6.8.2001

s.97(1)

PG

6y
NPP 3y 6m

AD

knife

robbery, assault

Tied up V in own home - Threat to kill - Demanded money and jewellery.

Moore
NSW CCA [454]
10.9.2001

s.97(1)

Sched:
Possession of drugs and equip

PG

4y 6m
NPP 2y 6m

AD

piece of timber

extensive and discouraging

Through window saw ladies in back room of escort agency counting money. Spontaneous decision to rob them using timber found in backyard.

Boney
(18)
NSW CCA [432]
19.10.2001

s.97(1)

Sched:
Take and drive conveyance

PG

3y
NPP 18m

AA (parity)
2y 6m
NPP 1y 3m

screwdriver

lengthy - on parole at time of offence for robbery in company

Robbed commercial premises with younger brother - threatened victim with screwdriver - unplanned offence
Aboriginal with deprived background - brother received non custodial sentence - brother a juvenile

Bushell
(26)
NSW CCA [462]
21.11.2001

s.97(1)

VG

3y 6m
NPP 1y 6m

AA
2y
NPP 1y 1m

scissors

lengthy - related to drug addiction

Obtained cigarette from complainant on train holding scissors in threatening manner - Demanded $5 - towards bottom of scale of seriousness - spur of the moment.
Fresh evidence suffering schizophrenia

Akbary
NSW CCA [491]
28.11.2001

s.97(1)

Sched:
AR

PG

4y 6m
NPP 2y 6m

AD

meat cleaver or meat hammer

extensive

Threatened shop keeper for cigarettes and money - not well planned.
Recently released from psychiatric hospital - suffering serious mental illness

Hunter
(45)
NSW CCA [530]
10.12.2001

s.97(1)

Sched:
assault

PG

7y
NPP 3y 6m

AD

knife

prior conviction for AR

Approached mother with young children at ATM - placed knife to throat of 9y daughter - Took money and left
Suffering schizophrenia

Henry
NSW CCA [521]
12.12.2001

s.97(1)

PG

4y
NPP 2y

AD

syringe

shoplifting offences

Held up mixed business using syringe - Struggle ensued when shopkeeper's wife struck app.
Remorse - Some success in reducing drug dependency

Philips
(29)
NSW CCA [167]
6.5.2002

s.97(1)

PG

6y
NPP 3y

AD

knife

prior convictions with no gaol - breached bond and bail

Robbed taxi driver with de facto - V suffered slight cut to chin - Stole taxi
Recent death of child resulted in drug addiction for both offenders - Good prospects of rehabilitation - Traumatic upbringing and psychological problems

Ryan
(24)
NSW CCA [171]
8.5.2002

s.97(1)

PG

5y
NPP 3y 9m

AA
4y
NPP 2y 6m

knife

lengthy

Aboriginal woman robbed shop in company with co-offender - Co-offender more significant role
Drug addiction - Possible brain damage - Dysfunctional life - Mother of young son.

Walker
(32)
NSW CCA [178]
15.5.2002

s.97(1)

PG

6y
NPP 3y 6m

AD

replica gun

lengthy and escalating - on parole and suspended sentence for similar offences

Pointed gun at 17y schoolboy and searched schoolbag for mobile phone.

Pearson
(36)
NSW CCA [256]
12.6.2002

s.97(1)

Sched:
minor drug matter

PG

4y
NPP 2y 3m

AD

vegetable knife

little

Robbed newsagency while disguised and screaming abuse
Troubled childhood led to early drug abuse - Failed to comply with Griffiths remand to assist drug rehabilitation

Hayes
(25)
NSW CCA [237]
18.6.2002

s.97(1)

PG

4y
NPP 3y

AA
3y 4m
NPP 2y 2m

blood filled syringe

not relevant

Robbed service station using balaclava and blood filled syringe - Limited planning
Long term addiction - Genuine contrition

Knight
(19)
NSW CCA [12]
28.6.2002

s.97(1)

Sched:
possess heroin

PG

5y 3m
NPP 3y

AD

knife

prior for possession of drug - on bond

Broke into girlfriend's parents' house after first cutting off electricity - Demanded money from victims in bed - Took handbag containing $5000. Money recovered
Bike accident caused psychological and physical effects and resulted in drug addiction - Remorse - No error in starting point higher than Henry

Parsons
(19)



 

 


Poore
(20)

NSW CCA [296]
26.7.2002

s.97(1)





 


s.97(1)

PG




 



PG

2y PD




 



2y PD

Crown AD
AA
2y PD
NPP 18m
(PD revoked prior to hearing of appeal)

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
Exceptional circumstances for both offenders included difficult and violent childhoods, depressive and psychological illness, severe financial problems and evidence of rehabilitation

King
NSW CCA [365]
2.9.2002

s.97(1)

VG

7y
NPP 5y 3m

Conviction AD

object disguised as gun

Waited in car for female V - Pushed object into her back telling her it was a gun - Forced her into restaurant and stole money

Weldon
NSW CCA [308]
20.6.2002

s.97(1)

PG

6y
NPP 4y 6m

AA
6y
NPP 3y

knife

armed robbery

With two co-offenders robbed jewellery store armed with knife. Took staff into rear office. Took $250,000 worth of jewellery and $3000 cash. Goods and cash recovered.
Effect of earlier sentence. Special circ. Depressed state. Aboriginal background.

Sullivan
NSW CCA [312]
1.8.2002

s.97(1)

PG

4y 6m
NPP 2y 9m

AA
4y 1m
NPP 2y 3m

knife

malicious wounding

Robbed female with knife - Grabbed bag and pushed V to ground
Failure to take into account pre-sentence custodial rehabilitation

Howarth
(44)
NSW CCA [387]
23.9.2002

Assault with intent to rob

PG

8y
NPP 6y

AA
6y 6m
NPP 4y 10m

knife

on parole for AR

Telephoned police and advised of robbery - Entered post office and attempted robbery - Threatened man with knife
Co-operated with police - Preferred to return to custody

Dodd
NSW CCA [418]
11.10.2002

s.97(1)

VG

7y
NPP 4y 6m

AD

knife

on bail and bond - extensive record

Robbed male in own home in company with juvenile co-offender

RMK
(15)
NSW CCA [414]
11.10.2002

s.97(1)

Sched:
Rob in Company

PG

4y
NPP 18m

AA
3y
NPP 15m

knife

nil

With co-offender approached Asian couple in park - Demanded and received money - Produced knives and threatened victims - Male cut on hand and cheek - Stole more cash
Refugee from Sudan with no parents - Evidence of rehabilitation - Parity

Ebsworth
(24)
NSW CCA [465]
15.11.2002

s.97(1)

Sched:
Carried in conveyance

PG

5y
NPP 3y 9m

AD

baseball bat

record for similar offences - breached parole

Armed with baseball bat and in company of 2 co-offenders robbed liquor store - Left in stolen car
Disturbed and dysfunctional family background

Azzi
NSW CCA [10]
6.2.2003

s.97(1)

Sched:
AR

PG

2y suspended

Crown AD

piece of wood

With co-offender robbed service station - Similar offence committed four days earlier
Intellectual disability - Sentence inadequate but crown unable to show suitable arrangements can be made for vulnerability at periodic detention

Bryant
(23)
NSW CCA [34]
21.2.2003

Assault w/i to Rob

PG

5y
NPP 3y

AD

knife

similar offences

Entered bakery seeking money for food
Profoundly affected by death of father - Early drug addiction - Reasonable prospects of rehabilitation

Luu
(21)
NSW CCA [39]
26.2.2003

s.97(1)

Sched:
GIC

VG

8y
NPP 5y

AD

knife

no prior imprisonment - on bail for demand money with menaces offences

With 3 co-offenders surrounded 19y V on street in broad daylight - took wallet and PIN and withdrew $800
Heroin addiction

Vincent
(22)
NSW CCA [112]
28.4.2003

s.97(1)

PG

3y
NPP 1y

Crown AD

Knife

Nil

Entered car of female and threatened her with knife - Impulsive offence
Genuine contrition - Protective custody - Family support - Need for early treatment for psychotic illness

Russell
NSW CCA [279]
1.10.2003

s.97(1)

PG

7y
NPP 4y

AA
6y
NPP 3y

Gun

minor

With co-offender robbed convenience store threatening with gun and wearing balaclavas - Took cigarettes and alcohol - Cut telephone lines before leaving.
SJ erroneously sentenced for s. 97(2)

Olson
NSW CCA [349]
18.11.2003

s.97(1)

PG

5y
NPP 3y 9m

AA
4y 3m
NPP 3y 2m

Knife

Appalling record

Waited in car while co-offender followed female from club and robbed her of handbag using knife
Insufficient discount for assistance against co-offender

Dang
(20)
NSW CCA [338]
20.11.2003

s.97(1)

PG

4y 6m
NPP 2y 6m

AD

Knife

Nil

Robbed store
Drug addiction - Genuine remorse - Good prospects of rehabilitation

Reynolds
NSW CCA [51]
12.3.2004

s.97(1)

Sched:
Larceny

PG

4y
NPP 2y

Crown AD
Sentence inadequate but dismissed due to Crown delay

Knife

Robbery. On parole.

Robbed post office of approx $500 armed with knife.
Drug abuse.

Kane
(28)
NSW CCA [78]
19.3.2004

s.97(1)

VG

8y
NPP 6y

AD

Knife and brick

Extensive

Robbed TAB at night armed with knife and brick - threats of violence
Heroin abuse

Hemsley
(29)
NSW CCA [228]
7.7.2004

s.97(1)

PG

6y
NPP 4y 6m

AA
3y
NPP 2y

Syringe filled with blood

Prior convictions for less serious offences

Female - robbed hairdresser
Dysfunctional childhood and personal background - Suffering borderline personality disorder and major depression - Failure to give appropriate reduction for mental illness

Fry
(34)
NSW CCA [238]
16.7.2004

s.97(1)

PG

FT 12m

Crown AD

Toy gun

Breached parole - lengthy record - spent most of adult life in custody

Robbed pharmacy using toy gun
Evidence of rehabilitation - assistance to authorities - proposed release to full time residential program - failure to provide appropriate supervision upon release from custody prior to commission of offence - delay in Crown appeal

Randell
(20)y

 


McAlister
(18)

NSW CCA [337]
30.9.2004

s.97(1)



s.97(1)

PG



PG

6y
NPP 4y (partly concurrent)

5y
NPP 3y

AA
5y 3m
NPP 3y 6m


4y
NPP 2y 6m

Knife

Sign record - BE, larceny - breached parole

Minor juvenile record w recent rob in comp - subject to bond at time of off

Home invasion at night on home of acquaintance - searching for drugs - young female at home alone - mobile phone stolen and resold by R
R: significantly deprived upbringing - studied at TAFE
McA: low average intellectual ability - some employment history and favourable character evidence - no previous custodial sentence.

Martin
(19)
NSW CCA [416]
29.11.2004

s.97(1)

Sched
A w/i rob
GIC

PG

5y 4m
NPP 4y

AA
5y 4m
NPP 3y 3m

gun

14 priors, mainly in Children's Court; on bail at time of offence

In company, robbed man of wallet and mobile on street - hit victim on nose with gun
Dysfunctional family - substance abuse - youth - now studying - special circumstances found

Youkhana
(32)
NSW CCA [412]
30.11.2004

s.97(1)

PG

6y 4m
NPP 4y 3m

AA
5y 3m
NPP 3y 3m

Replica pistol

Breached bail for offence of interfering with dead body

Robbed manager of Club with co-offender - three employees bound - video tapes removed - $81,000 stolen
Iraqi born - Married with children - reasonable prospects of rehabilitation - failed to take into account effect of accumulation

Jones
(31)
NSW CCA [432]
10.12.2004

s.97(1)

Early PG

6m
(concurrent to other sentences)

Crown AA
3y
NPP 2y

Empty syringe and needle

Lengthy record - breached parole

Stole handbag from man waiting in car - struggle - Delay in detection
Drug addiction

House
(40)
NSW CCA [88]
17.3.2005

s.97(1)

PG

4y 6m
NPP 3y

AD

Tyre lever

Lengthy record for dishonesty offences - breached parole

With co-offender robbed retail premises forcing occupants into chiller room.

Vincent
NSW CCA [135]
7.4.2005

s.97(1)

PG

4y
NPP 2y

Crown AA
6y
NPP 3y

Baseball bat and knife

Breached parole for multiple AR - offence committed two weeks after release

Female - with 14y son forced entry into unit - female occupant pushed and threatened - property and car stolen - angered by allegation of sexual abuse by son - originally intended to assault complainant
Aboriginal with drug addiction, mental illness and history of sexual abuse

Collins
(48)
NSW CCA [198]
20.5.2005

s.97(1)

Sched
3 x GIC

PG

3y
NPP 15m

AD

Knife

Minor

Female - robbed video store using knife - in possession of goods from break and enter committed by de facto partner
Contrition - good prospects of rehabilitation

McNamara
(28)
NSW CCA [195]
20.5.2005

s.97(1)

PG

8y
NPP 4y 6m

AA
6y
NPP 3y 6m

Gun

Prior convictions including custody

Robbed football club - co-offender carried pistol - not aware weapon was a gun
Supportive partner with 2 children

Wicks
(24)
NSW CCA [213]
7.6.2005

s.97(1)

PG

3y
NPP 8m 28d
(immed release)

Crown AD

Knife

Minor criminal record - breached bond

Female robbed store using knife - Suffering chronic schizophrenia exacerbated by custody - parole revoked prior to appeal

Hardy
(26)
NSW CCA [294]
30.8.2005

s.97(1)

PG

6y
NPP 4y 6m

AA
6y
NPP 3y 6m

Gun (replica?)

Lengthy; in custody for last 4 years - breached conditional liberty

In company, entered elderly couple's home and took female's handbag, later found with contents intact
DV background - heart condition caused by IV drug use - now on methadone and motivated to deal with addiction

DV
(22)
NSW CCA [319]
8.9.2005

s.97(1)

Sched:
2 x Assault

PG

3y
NPP 27m
Periodic Detention

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

Murphy
NSW CCA [412]
2.12.2005

s.97(1)

PG

4y 3m
NPP 3y

AA
3y 6m
NPP 2y 3m

Female - involved in robbery of security guards - lesser culpability than co-offenders but still vital role
Parity

Gadson
NSW CCA [453]
14.12.2005

s.97(1)

PG

200h CSO
4w PSC

Crown AD

Baseball bat

Nil

3 males threatened and robbed young pedestrian - pressured by co-offender
Genuine remorse - 4 weeks PSC - assistance - excellent prospects of rehabilitation - good employment record - exceptional case

Bichar
(32)
NSW CCA [1]
23.1.2006

s.97(1)

PG

3y
NPP 18m

AD

Syringe

Minor

Robbed train passenger using syringe
Suffered PTSD from army service and brain injury from accident at work - drug abuse

Ross
(18)
NSW CCA [65]
15.3.2006

s.97(1)

PG

5y
NPP 2y 6m

AA
4y
NPP 2y

Knife

Criminal record

Robbed passenger at trial station - knife not wielded against victim - no pre-planning
Unhappy and dysfunctional upbringing - mild developmental disability caused by frontal lobe damage - stole money for food - drug addiction - prospects of rehabilitation

Buonocore
(24)
NSW CCA [159]
18.5.2006

s.97(1)

Sched:
s.97(1)

PG

7y
NPP 4y 6m

AD

Knife / firearm

Nil

With co-offender robbed female taking pharmacy takings to bank - Male employees robbed in similar circumstances on subsequent occasion - Driver of getaway vehicle - Former employee of pharmacy - careful planning - prime mover

Olive
NSW CCA [329]
12.10.2006

s.97(1)

PG

2y 3m
NPP 15m

AD

Syringe

Attempted to rob video store with syringe - grabbed female proprietor
Good prospects of rehabilitation.

MacDonald
(23)
NSW CCA [105]
16.4.2007

Att s.97(1)

Sched:
Armed with intent

PG

5y
NPP 2y

AD

Syringe filled with red liquid

Use offensive weapon to avoid detention

Attempted to rob liquor store - attacked by attendant with baseball bat - repeated attempt 6 days later
Drug addiction - mental illness

Liao
(25)
NSW CCA [132]
2.4.2007

s.97(1)

PG

6y
NPP 2y 9m

AD

Knife and rolling pin

Nil

Lured landlady into bedroom - threatened with weapons - assaulted - tied up and gagged over prolonged period - planned offence - higher than mid-range seriousness
Chinese student

Ersman
(19)
NSW CCA [161]
19.6.2007

s.97(1)

PG

6y
NPP 3y

AA
5y
NPP 2y 6m

Knife

Prior convictions

Three offenders robbed 44y female in car park of railway station at night
Borderline disabled - maladjusted - difficult background - drug and alcohol problems

Wilson-Winship
(23)
NSW CCA [163]
27.7.2007

s.97(1)

PG

3y 9m
NPP 2y 3m

Crown AA
6y
NPP 3y

Sledgehammer

Long history of drug related offences - breached parole

Smashed bank window with sledgehammer and stole $60,577.73
Prospects of rehabilitation

Legge
(18)
NSW CCA [244]
27.7.2007

s.97(1)

PG

2y 7m
NPP 1y 4m

AA
2y 7m
NPP 10m

Knife

Nil

Approached male victim at ATM in shopping centre - demanded money and told victim he had a knife - victim was plainclothes police officer.
Offence committed under duress from other persons who had planned the robbery.

Simpson
NSW CCA [348]
14.12.2007

s.97(1)

VG

6y
NPP 4y

AA
4y 6m
NPP 3y

Knife

Stealing, Robbery in company

Female - Approached female victim - threatened and scuffle ensued - robbed victim of digital camera.
Drug use - Rehabilitation.

Sheridan
NSW CCA [14]
5.2.2008

s.97(1)

Schedule:
Goods in custody

PG

8y
NPP 6y

AD

Pistol (unverified on sentence)

Lengthy. Offence committed whilst on parole.

Robbed newsagency of $800 - victim unable to verify actual weapon.
Planned offence - little prospect of rehabilitation - drug abuse.

Veale
NSW CCA [23]
19.2.2008

s.97(1)

PG

10y
NPP 7y 6m

AA
8y
NPP 6y

PVC pipe

Includes AR - breached parole

Robbed female in car park carrying takings from service station - used stolen car - sentenced to concurrent term for SMV
Disturbed background - disability to arm means protective custody

Ryan
(18)
NSW CCA [198]
29.8.2008

s.97(1)

PG

3y
NPP 18m

AD

Knife

Nil

Robbed service station attendant armed with knife - stole money and cigarettes - Robbery filmed on CCTV and screened on television - No response from public - Within three days applicant attended police station with parents and made full admissions.
Strong subjective case - Voluntary disclosure - Affected by death of cousin - Alcohol abuse - Depression.

Ahmed
(35)
NSW CCA [305]
5.12.2008

s.97(1)

Sched:
5 offences

PG

7y
NPP 3y 6m

AD

Knife

Significant - breached parole

Robbed pedestrian

Brown
NSW CCA 9
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.
Out of character - personal circumstances led to clouded judgement.
(Full details not outlined in judgment).

Waugh

(32)

NSW CCA [3]

11.2.2010

s.97(1)

Breach bond

 

Sched:
Att SMV

PG

5y

NPP 3y

(concurrent sentence for breach)

AD

Knife

Breached bond - lengthy record

Robbed service station armed with knife - attempt to steal motor vehicle old offence

Troubled background with physical and sexual abuse - extensive history of substance abuse - suffering mental condition at time of offence

Field

(28)

NSW CCA [13]

16.2.2011

s.97(1)

PG

3y 9m

NPP 2y

Crown AD

Firearm

BES, assault, possess implements

With cooffender attended home of victim   from whom had previously purchased drugs - pointed firearm at V demanding money and drugs - took mobile phone and cigarettes

Abusive childhood - mild intellectual disability and mental illness - alcohol and drug abuse - no formal qualifications -special circumstances to allow for rehabilitation - first period of lengthy imprisonment

Sukkar

(29)

NSW CCA [140]

24.6.2011

AR

VG

2y

NPP 10

Crown AA

3y

NPP 10m

Knife (used by co-offender)

nil

Drove cooffender to scene of robbery - waited in car while cooffender entered premised then drove co-offender away - cooffender threatened shopkeeper with knife and took money.

Good character.

Manifest inadequacy -However, A had already completed NPP and CCA dated sentence so that A need not return to custody.

Turner

(37)

NSW CCA [189]

22.8.2011

AR

 

Sched:

Stealing

PG

4y 6m

NPP 2y 9m

AA
3y 6m
NPP 1y 9m

Syringe

 

Threatened nurse and doctor with needle at hospital - stole quantity of hospital drugs.

Had suffered very serious injury from which suffered significant pain and loss of mobility for which drugs were required - suicidal.

SJ failed to take into account mental state.

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 offence

Evidence of rehabilitation

Arbili

(31)

NSWCCA [48]

30.3.2012

Att s.97(1)

PG

5y

NPP 2y 6m

AD

Knife

Record including gaol -breached bail

Threatened tobacconist with knife -victim cut on arm - left when customer entered shop

Mental illness

Yuksel
(19)

 

 

 

 

Sirtlan
(19)

 

 

NSWCCA [84]
9.5.2012

s.97(1)

Sched: s97(1)

 

 

 

s.97(1)

Sched: s.97(1)

 

PG

 

 

 

 

 

PG

1y 51 weeks

Suspended

 

 

 

3y

NPP 18m

 

Crown AD

 

 

 

 

Crown AD

-

 

 

 

 

 

Knife

Reckless wound in company

 

 

 

Assault, armed robbery, AOABH.   On bond.

 

Robbed 2 young male victims late at night - threatened with knife by S - Crown could not prove that Y was aware of the knife - took mobile phones, bankcards small amounts of money from each victim.

Y   - depressive condition- genuinely remorseful- high prospects of rehabilitation- full-time employment

S   - severe depressive condition -good prospects for rehabilitation

Hart

(26) 

NSWCCA [13]

11.2.2013

s. 97(1)

Sched:

Possess restricted substance

 PG

4y 6m
NPP 2y 8m

 AD

 Taser

Not relevant

Robbed service station attendant.

Drug addiction.

Lang

NSWCCA [29]

19.2.2013

s.97(1)

 

2 x s.112(2)

 

Sched:
2
offences

 

7y
NPP 3y

 

Total:
9y
NPP 5y

 AD

Machete

Similar offences

Four offenders robbed service station - co-offender carried fake pistol and offender carried machete - broke into stores by smashing windows and stole goods

Bloomfield

(26)

NSWCCA [315]

11.12.2013

  s. 97(1)

 PG

4y 6m
NPP 3y 4m 15d

AD

 

Assault, stealing, BES

With co-offender robbed 15 year old male V at train station - threat of a weapon in that A pretended he had a knife - made V follow them   - took cash and other items. Drug addiction - Aboriginal

T

(35)

[2015] NSWCCA 28

​s.97(1) (assault with intent to rob)

 

SMV
s.93G - discharge firearm
Possess pistol

​PG

(10%)

Indicative sentence:

7y
NPP 4y

 

Agg Sentence:
11y
NPP 7y

(total discount 30%)

​AD​KnifeExtensive – breached parole for AR​With three co-offenders attempted to rob bank – left when unable to get past security screens – forced people from car and stole car to escape – 20 days later fired shots into air while being pursued by two cars of men firing shots – found in possession of revolver and pistol upon arrest

Extensive assistance – total 30%

Allen

(20)

[2015] NSWCCA 113

s.99

 

s.97(1) attempt with intent to rob

PG
(25%)
FT 9m

3y 9m

NPP 2y 8m

 

Total:
4y

NPP 2y 11m

​AD​KnifeExtensive – including violenceDemanded money from café at 6am – no money in till – shortly after demanded money from news agency armed with knife – left when threatened by employee – vulnerable victims

Early drug addiction

Gardener

(35)

[2015] NSWCCA 170

s.97(1)

 

Carried in conveyance

7y

NPP 3y 6m

 

1y 6m concurrent

​ADAxe and claw hammerReleased to parole 12 days prior to offence – appalling recordRobbed jewellery store in company of male armed with axe and claw hammer – Stole $10,000 worth of goods

Aboriginal raised in environment of extreme domestic violence – subjected to sexual and physical abuse at hands of father and institution - early drug and alcohol abuse – low intellectual ability – institutionalised – mental health issues