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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 - Single - s.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  
Name
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 postR v Henry (1999) 106 A Crim R 149 (Armed Robbery Guideline Judgment)

NameOffencePleaSentenceAppealWeaponRecordInvolvement & Summary

Henry

(23)

[1999] NSWCCA 107

s.97(1)

Rob in company

 

Sched:

Administer heroin

PG

MT 1y 6m

AT 4y

Crown AA

MT 3y 6m

AT 2y

KnifeMV 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

NSWCCA

Assault with intent to rob whilst armedPG

MT 3y

AT 1y

AA

FT 2y

Knifeold 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

PG3y 6m GBB

Crown AA

MT 2y

AT 1y 6m

Replica pistolpossess 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

[1999] NSWCCA 160

s.97(1)

 

Sched:

Public mischief

PG

MT 3y

AT 2y

ADKnifeBES, 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

[1999] NSWCCA 137

s.97(1)

 

Sched:

Larceny

PG

MT 1y 10m

AT 2y 2m

ADSyringe filled with red liquidDrug and drug related offences

Robbed chemist of drugs wearing hood over face.

Drug addict; special circumstances.

Baker

[1999] NSWCCA 150

s.97(1)

 

Sched:

5 offences

PG

MT 2y 4m

AT 9m

ADKnifeLengthy

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)

[1999] NSWCCA 175

s.97(1)VG

MT 4y

AT 3y

ADKnifedishonesty, 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

[1999] NSWCCA 194

s.97(1)VG

MT 7y 10m

AT 2y 7m

AA

MT 6y

AT 2y

GunArmed 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

[1999] NSWCCA 224

s.97(1)PG

MT 3y

AT 2y 6m

AA

MT 2y 3m

AT 3y

(To enable A to attend drug rehabilitation).

Blood filled syringeExtensive – 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

[1999] NSWCCA 237

s.97(1)

 

Sched:

GIC

4 x BE&S

PG

MT 6y

AT 2y

AA

MT 5y

AT 3y

RevolversLengthy – 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

[1999] NSWCCA 299

s.97(1)PG

MT 18m

AT 2y

ADKnifemultiple theft, assault, BE&S, drugs

Robbed newsagent of $600.

Heroin addict; special circumstances.

Webster

[1999] NSWCCA 313

s.97(1) PG

MT 6m

AT 3y 6m

Crown AA

MT 12m

AT 3y

Blood filled syringemalicious 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

[1999] NSWCCA 275

s.97(1)PG

MT 3y

AT 3y

AA

MT 2y 6m

AT 2y

Knifeassault, 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

[1999] NSWCCA 343

s.97(1)PG

MT 2y 6m

AT 10m

AA

MT 18m

AT 13m

35% discount for assistance

Knifenil

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

[1999] NSWCCA 391

s.97(1)PG

MT 7m 7d

AT 18m

Crown ADKnifeOne 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

[1999] NSWCCA 394

s.97(1)

 

Sched:

BES

PG

MT 4y

AT 3y

ADKnifebad record

Robbed Service Station with three other men.

Aboriginal with deprived childhood, addicted to alcohol, illicit drug user.

Armstrong

[2000] NSWCCA 16

s.97(1)PG

MT 3y

AT 3y

ADSyringedaunting record

Robbed service station, punching proprietor in struggle. Not sophisticated offence.

Early admissions to police; genuine remorse; drug addiction; assistance to authorities.

Stanley

[2000] NSWCCA 432

s.97(1) 

MT 4y

AT 3y

AA

MT 3y

AT 2y

Knifeprior 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

[2000] NSWCCA 93

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

[2000] NSWCCA 52

s.97(1)

 

Sched:

BES

 MT 3y
AT 2y

AA

MT 2y

AT 2y

Knifenil

Robbed pie shop with kitchen knife.

Female who become addicted to heroin recently through male partner.

Sua

(16)

[2000] NSWCCA 94

s.97(1)PG

MT 3y

AT 2y 6m

AA

MT 2y 6m

AT 2y 6m

Pistolprior 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

[2000] NSWCCA 438

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

[2000] NSWCCA 349

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)

[2000] NSWCCA 420

s.97(1)PG

MT 4y 6m

AT 1y 6m

AA

6y

NPP 3y

toy pistollengthyRobbed saleswoman at bottle shop of $270.

 

Doorey

(25)

[2000] NSWCCA 456

attempt s.97(1)PG

MT 2y

AT 2y

ADpocket knifeprior 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)

[2000] NSWCCA 526

s.97(1)VG

MT 3y 8m

AT 1y 6m

AA

5y

NPP 2y 9m

12cm knifelong 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

[2000] NSWCCA 532

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)

[2001] NSWCCA 264

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)

[2001] NSWCCA 240

s.97(1)PG

5y

NPP 3y

ADknifeextensive recordRobbed shop causing superficial injuries to proprietor.

Elkaddour

(24)

[2001] NSWCCA 302

s.97(1)PG

6y

NPP 3y 6m

ADkniferobbery, assaultTied up V in own home - Threat to kill – Demanded money and jewellery.

Moore

[2001] NSWCCA 454

s.97(1)

 

Sched:

Possession of drugs and equip

PG

4y 6m

NPP 2y 6m

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

Boney

(18)

[2001] NSWCCA 432

s.97(1)

 

Sched:
Take and drive conveyance

PG

3y

NPP 18m

AA (parity)

2y 6m

NPP 1y 3m

screwdriverlengthy – 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)

[2001] NSWCCA 462

s.97(1)VG

3y 6m

NPP 1y 6m

AA

2y

NPP 1y 1m

scissorslengthy – 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

[2001] NSWCCA 491

s.97(1)

 

Sched:

AR

PG

4y 6m

NPP 2y 6m

ADmeat cleaver or meat hammerextensive

Threatened shop keeper for cigarettes and money – not well planned.

Recently released from psychiatric hospital – suffering serious mental illness

Hunter

(45)

[2001] NSWCCA 530

s.97(1)

 

Sched:

assault

PG

7y

NPP 3y 6m

ADknifeprior conviction for AR

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

Suffering schizophrenia -

Henry

[2001] NSWCCA 521

s.97(1)

PG

(30%)

4y

NPP 2y

ADsyringeshoplifting offences

Held up mixed business using syringe – Struggle ensued when shopkeeper's wife struck app.

Remorse – Some success in reducing drug dependency

Philips

(29)

[2002] NSWCCA 167

s.97(1)PG

6y

NPP 3y

ADknifeprior 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)

[2002] NSWCCA 171

s.97(1)

PG

(15%)

5y

NPP 3y 9m

AA
4y

NPP 2y 6m

knifelengthy

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)

[2002] NSWCCA 178

s.97(1)

PG

(25%)

6y

NPP 3y 6m

ADreplica gunlengthy and escalating – on parole and suspended sentence for similar offencesPointed gun at 17y schoolboy and searched schoolbag for mobile phone.

Pearson

(36)

[2002] NSWCCA 256

s.97(1)

 

Sched:
minor drug matter

PG

(25%)

4y

NPP 2y 3m

ADvegetable knifelittle

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)

[2002] NSWCCA 237

s.97(1)

PG

(45% plea and assist)

4y

NPP 3y

AA

3y 4m

NPP 2y 2m

blood filled syringenot relevant

Robbed service station using balaclava and blood filled syringe – Limited planning

Long term addiction – Genuine contrition

Knight

(19)

[2002] NSWCCA 12

s.97(1)

 

Sched:

possess heroin

PG

(25%)

5y 3m

NPP 3y

ADknifeprior 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)

 

[2002] NSWCCA 296

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

[2002] NSWCCA 365

s.97(1)VG

7y

NPP 5y 3m

Conviction ADobject 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

[2002] NSWCCA 308

s.97(1)PG

6y

NPP 4y 6m

AA

6y

NPP 3y

knifearmed 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

[2002] NSWCCA 312

s.97(1)

PG

(17.5% on appeal)

4y 6m

NPP 2y 9m

AA

4y 1m

NPP 2y 3m

knifemalicious wounding

Robbed female with knife – Grabbed bag and pushed V to ground

Failure to take into account pre-sentence custodial rehabilitation

Howarth

(44)

[2002] NSWCCA 387

Assault with intent to rob

PG

(20%)

8y

NPP 6y

AA

6y 6m

NPP 4y 10m

knifeon 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

(2002) 135 A Crim R 32

s.97(1)VG

7y

NPP 4y 6m

ADknifeon bail and bond – extensive recordRobbed male in own home in company with juvenile co-offender

RMK

(15)

[2002] NSWCCA 414

s.97(1)

 

Sched:
Rob in Company

PG

4y

NPP 18m

AA

3y

NPP 15m

knifenil

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)

[2002] NSWCCA 465

s.97(1)

 

Sched:

Carried in conveyance

PG

5y

NPP 3y 9m

ADbaseball batrecord 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

[2003] NSWCCA 10

s.97(1)

 

Sched:

AR

PG

(25%)

2y suspendedCrown ADpiece 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)

[2003] NSWCCA 34

Assault w/i to Rob

PG

(25%)

5y

NPP 3y

ADknifesimilar offences

Entered bakery seeking money for food

Profoundly affected by death of father – Early drug addiction – Reasonable prospects of rehabilitation

Luu

(21)

[2003] NSWCCA 39

s.97(1)

 

Sched:

GIC

VG

8y

NPP 5y

ADknifeno 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)

[2003] NSWCCA 112

s.97(1)PG

3y

NPP 1y

Crown ADKnifeNil

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

[2003] NSWCCA 279

s.97(1)PG

7y

NPP 4y

AA

6y

NPP 3y

Gunminor

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

[2003] NSWCCA 349

s.97(1)

PG

(43% plea and assist on appeal)

5y

NPP 3y 9m

AA

4y 3m

NPP 3y 2m

KnifeAppalling 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)

[2003] NSWCCA 338

s.97(1)

PG

(25%)

4y 6m

NPP 2y 6m

ADKnifeNil

Robbed store

Drug addiction – Genuine remorse – Good prospects of rehabilitation

Reynolds

[2004] NSWCCA 51

s.97(1)

 

Sched:

Larceny

PG

4y

NPP 2y

Crown AD

Sentence inadequate but dismissed due to Crown delay

KnifeRobbery.  On parole.

Robbed post office of approx $500 armed with knife.

Drug abuse.

Kane

(28)

(2004) 144 A Crim R 496

s.97(1)VG

8y

NPP 6y

ADKnife and brickExtensive

Robbed TAB at night armed with knife and brick – threats of violence

Heroin abuse

Hemsley

(29)

[2004] NSWCCA 228

s.97(1)

PG

(20% on appeal)

6y

NPP 4y 6m

AA

3y

NPP 2y

Syringe filled with bloodPrior 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)

[2004] NSWCCA 238

s.97(1)PGFT 12mCrown ADToy gunBreached 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)

 

 

McAlister

(18)

 

[2004] NSWCCA 337

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)

[2004] NSWCCA 416

s.97(1)

 

Sched

A w/i rob

GIC

PG

(15%)

5y 4m

NPP 4y

AA

5y 4m

NPP 3y 3m

gun14 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)

[2004] NSWCCA 412

s.97(1)

PG

(25%)

6y 4m

NPP 4y 3m

AA

5y 3m

NPP 3y 3m

Replica pistolBreached 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)

[2004] NSWCCA 432

s.97(1)

PG

(25%)

6m

(concurrent to other sentences)

Crown AA

3y

NPP 2y

Empty syringe and needleLengthy record – breached parole

Stole handbag from man waiting in car – struggle – Delay in detection

Drug addiction

House

(40)

[2005] NSWCCA 88

s.97(1)

PG

(15%)

4y 6m

NPP 3y

ADTyre leverLengthy record for dishonesty offences – breached paroleWith co-offender robbed retail premises forcing occupants into chiller room.

Vincent

[2005] NSWCCA 135

s.97(1)

PG

(25%)

4y

NPP 2y

Crown AA

6y

NPP 3y

Baseball bat and knifeBreached 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)

[2005] NSWCCA 198

s.97(1)

 

Sched

3 x GIC

PG

3y

NPP 15m

ADKnifeMinor

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)

[2005] NSWCCA 195

s.97(1)

PG

(15%)

8y

NPP 4y 6m

AA

6y

NPP 3y 6m

GunPrior convictions including custody

Robbed football club – co-offender carried pistol – not aware weapon was a gun

Supportive partner with 2 children

Wicks

(24)

[2005] NSWCCA 213

s.97(1)PG

3y

NPP 8m 28d

(immed release)

Crown ADKnifeMinor criminal record – breached bondFemale robbed store using knife – Suffering chronic schizophrenia exacerbated by custody – parole revoked prior to appeal

Hardy

(26)

[2005] NSWCCA 294

s.97(1)

PG

(10%)

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)

[2005] NSWCCA 319

s.97(1)

 

Sched:
2 x Assault

PG

3y

NPP 27m

Periodic Detention

Crown ADPistolNil

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

(2005) 158 A Crim R 375

s.97(1)

PG

(22%)

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

Gadsden

[2005] NSWCCA 453

s.97(1)

 

Sched:

s.97(1)

PG

200h CSO

4w PSC

Crown ADBaseball batNil

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)

[2006] NSWCCA 1

s.97(1)

PG

(10%)

3y

NPP 18m

ADSyringeMinor

Robbed train passenger using syringe

Suffered PTSD from army service and brain injury from accident at work – drug abuse

Ross

(18)

(2006) 160 A Crim R 526

s.97(1)VG

5y

NPP 2y 6m

AA

4y

NPP 2y

KnifeCriminal 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)

[2006] NSWCCA 159

s.97(1)

 

Sched:

s.97(1)

PG

7y

NPP 4y 6m

ADKnife / firearmNilWith 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

[2006] NSWCCA 329

s.97(1)

PG

(25% plus Henry discount)

2y 3m

NPP 15m

ADSyringe 

Attempted to rob video store with syringe – grabbed female proprietor

Good prospects of rehabilitation.

MacDonald

(23)

[2007] NSWCCA 105

Att s.97(1)

 

Sched:

Armed with intent

PG

(16-17%)

5y

NPP 2y

ADSyringe filled with red liquidUse 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)

[2007] NSWCCA 132

s.97(1)

PG

(25%)

6y

NPP 2y 9m

ADKnife and rolling pinNil

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)

(2007) 171 A Crim R 560

s.97(1)PG

6y

NPP 3y

AA

5y

NPP 2y 6m

KnifePrior 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)

(2007) 172 A Crim R 505

s.97(1)

PG

(25%)

3y 9m

NPP 2y 3m

Crown AA

6y

NPP 3y

Sledgehammer

Long history of drug related offences – breached parole.

BES, AOABH.

Armed robbery of bank - smashed bank window with sledgehammer -  stole $60,577.73

Drug addiction - offence committed for purchase of drugs - Prospects of rehabilitation

Legge

(18)

[2007] NSWCCA 244

s.97(1) (Assault with intent to rob) 

PG

(35% plea and assist)

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

(29)

[2007] NSWCCA 348

s.97(1)VG

6y

NPP 4y

AA

4y 6m

NPP 3y

KnifeStealing, Robbery in company

Female - approached female victim – told victim to give her bag - threatened and scuffle ensued – A was holding knife – bystanders came by and held A.

Difficult background.

Drug abuse rehabilitation  – reason to give rehabilitation prominence in sentencing.

Sheridan

(35)

[2008] NSWCCA 14

s.97(1)

 

Schedule:

Goods in custody

PG

(25%)

8y

NPP 6y

ADPistol (unverified on sentence)Extensive.  Armed robbery, assault with intent to rob. Offence committed whilst on parole.

Robbed newsagency of $800 – victim unable to verify actual weapon.

Planned offence – little prospect of rehabilitation – drug abuse.

Ryan

(18)

[2008] NSWCCA 198

s.97(1)PG

3y

NPP 15m

ADKnifeNil

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)

[2008] NSWCCA 305

s.97(1)

 

Sched:
5 offences

PG

7y

NPP 3y 6m

ADKnifeSignificant record.  Armed robbery, robbery with offensive weapon. Breached parole.Robbed pedestrian - produced  knife, asked for cash and threatened to stab male victim – victim handed over backpack containing cash and credit cards.

Brown

(2009) 193 A Crim R 574

AR

 

Sched: Robbery

PGs.11 CSPA (Griffiths Remand)Crown ADKnife 

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)

[2010] NSWCCA 3

s.97(1)

Breach bond

 

Sched:
Att SMV

PG

5y

NPP 3y

(concurrent sentence for breach)

ADKnifeBreached bond – lengthy record

Robbed service station armed with knife – told employee he would not hurt her – took $102.

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

Field

(28)

[2011] NSWCCA 13

s.97(1)

PG

(25%)

3y 9m

NPP 2y

Crown ADFirearmBES, 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)

[2011] NSWCCA 140

AR s 97(1)VG

2y

NPP 10

Crown AA

3y

NPP 10m

Knife (used by coffender)nil

Drove cooffender to scene of robbery – waited in car while cooffender entered premised then drove coffender 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)

[2011] NSWCCA 189

AR s 97(1)

 

Sched:

Stealing

PG

(25%)

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)

[2011] NSWCCA 251

s.97(1)PG

12m Bond

(s 9 CSPA)

Crown ADReplica pistolNil

Robbed male walking down street at 1am – took $5 – friends in car – intoxicated – impulsive and unpremeditated offence

First offence - Evidence of rehabilitation

Arbili

(31)

[2012] NSWCCA 48

Att s.97(1)

PG

(20%)

5y

NPP 2y 6m

ADKnifeAssault, demand property in company. Record including gaol – breached bail

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

Mental illness

Yuksel

(19)

 

 

 

Sirtlan

(19)

 

[2012] NSWCCA 84

s.97(1)

Sched: s97(1)

 

 

 

s.97(1)

Sched: s.97(1)

 

PG

(25%)

 

 

 

 

PG

(25%)

1y 51 weeks

Suspended sentence s 12

 

 

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

Lang

(19)

[2013] NSWCCA 29

s.97(1)

 

2 x s.112(2)

 

Sched:

2 offences

PG

(25%)

7y

NPP 3y

 

Total:

9y

NPP 5y

ADmacheteSimilar offences

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

First time adult prison

Bloomfield

(26)

[2013] NSWCCA 315

s.97(1)

 

PG

(25%)

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)

 

Steal MV

s.93G - discharge firearm

Possess pistol

PG

(10%)

Indicative sentence:

7y

NPP 4y

 

Agg Sentence:

11y

NPP 7y

(total discount 30%)

ADKnifeExtensive – 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

ADKnifeExtensive – including violence

Demanded 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

PG

(12.5%)

7y

NPP 3y 6m

 

1y 6m concurrent

ADAxe and claw hammerReleased to parole 12 days prior to offence – appalling record

Robbed 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

Rose

(23)

[2015] NSWCCA 318

s.97(1)

PG

(25%)

3y 3m

NPP 21m

Crown AA

5y

NPP 3y

Knife – small crow barBreached conditional liberty

Threatened elderly couple on property with knife – demanded guns – threatened to kill or cut throat - alternatively aggressive and calm – after some time was given keys and took guns while victims escaped to neighbouring property

Under influence of ice at time of offence – working with two co-accused

Sullivan

[2016] NSWCCA 172

2 x s.97(1)

PG

(25%)

6y

NPP 4y

ADHammer, dumbellSignificant

Robbed two jewellery stores – smashed glass cabinets – took jewellery to value of $44k on each occassion  - none recovered – A stated jewellery sold to drug suppliers.

Mental health issues – drug use.

Faleafga

(19)

[2016] NSWCCA 178

s.97(1)

PG

(25%)

4y

NPP 2y 3m

AA

3y 2m

NPP 1y 8m

Hammer; cigarette lighter and aerosol canDriving matters only.  On bond.

Robbed petrol station of $400 – smashed through glass pane with hammer -  threatened station attendant with cigarette lighter and aerosol can which A ignited – V afraid he would be burnt.

Difficult  upbringing - genuine remorse -initiative taken by A to rehabilitate – attempt to commence tertiary studies – articulate.

Aboriginal – social disadvantage.

 

White

(36)

[2016] NSWCCA 190

s.97(1)

 

Sched:  Armed Robbery

PG

(25%)

6y 6m

NPP 4y

AA

5y 6m

NPP 3y 6m

Item that looked like a pistol.Lengthy. Dishonesty, drugs, Armed Robbery.  On parole.

Both offences committed within a few hours in 2013 – Robbed restaurant pointing item that looked like a pistol at store employee – took $13000 from cash register.

Difficult childhood.

Delay in sentencing.

Walker

(30)

[2016] NSWCCA 224

Att s.97(1)

Possess prohibited weapon

 

Sched:

BES

PG

(25%)

2y 9m

NPP 10m

(12m bond)

AA

16m ICO

(taking into account 236 days PSC)

Hunting knifeMinor drug and traffic – 2 subsequent drug offences

Broke into office of service station at night and threatened employee with hunting knife – demanded money – stole phones – search of house found hand held Taser

History of drug use – on bail for appeal – if not assessed as suitable for ICO appeal to be dismissed

Owens

(19)

[2017] NSWCCA 16

s.97(1)

 

PG

(10%)

2y 6m

NPP 18m

AD Assault police, resist police. On bond.In company - At train station, with 2 others, approached V, a 22 year old man - grabbed V's mobile phone, took V by the shirt and neck and threatened "Do you want your face smashed in?" - requested V's driver's license to record his personal details.




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