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 - Where Applicant on Conditional Liberty - s.97

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

Cases post-R v Henry & Ors [1999] NSWCCA 11112.5.99 (Armed Robbery Guideline Judgment)

Name
Offence
Plea
Sentence
Appeal
Weapon
Record
Involvement & Summary

Kyroglou









Tsoukatos

NSW CCA [106]
12.5.1999

Acc after fact AR
BE&S
Larceny







1. s.97(1)
2. BE&S
3. Robbery

Sched:
9 off including BES, mal damage, SMV, poss proh drug

G









G

MT 6m
AT 6m
FT 6m
FT 3m
(conc)





1. MT 1y
AT 1y
2. FT 6m
3. FT 1y
(conc)

Crown AD
(But for very successful rehabilitation would have imposed new sentence even though had completed MT).


Crown AA
1. MT 1y
AT 4y
3. FT 1y
(conc)

Syringe and red liquid

In breach of bail and bond








BE&S, assault - in breach of bail and bond

K entered late night chemist to buy milk. T injected heroin then entered with syringe containing red liquid wearing bandanna mask and beanie. Threatened to stab V with syringe and obtained $500 from till. K drove them away.
Both drug addicts.
T - robbery committed 2 days before commission of AR and matters on schedule - Not in company with K

Tran
(18)
NSW CCA [109]
12.5.1999

s.97(1)

Form 1:
Supply drug, GIC

G

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 - Not exceptional circumstances justifying non custodial sentence

J Flood

S Flood

NSW CCA [240]
28.6.1999

s.97(1)
2 x SMV
Detain for advantage

G

MT 3y 6m
AT 2y 6m
2 x FT 2y
FT 3y
(concurrent)

AD
(agg features - kidnap and in company)

Fishing knife

violence, drugs, property - one offender on bail and one on parole at time of offence.

Approached V in carpark, forced V into car, drove him to various locations and robbed him of property and money - threatened victim with knife.
Both intoxicated.

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

s.97(1)

VG

MT 4y
AT 3y

AD
(In circumstances of case overall sentence of 7y undoubtedly severe but no error)

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.

Stanley
NSW CCA [432]
16.2.2000

s.97(1)

PG

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 and wearing beanie with eyes cut out over face, to obtain drugs. 18y visitor no knowledge of drugs - gave $20 when punched in throat and cheek area.
Aboriginal - itinerant lifestyle - addicted to drugs and alcohol.

Pagett
NSW CCA
23.2.2000

s.97(1)

G

MT 2y 6m
AT 18m
concurr with breach of parole - will serve 359d referrable solely to 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 issue - co-offender's sentence backdated to arrest, A backdated to date of sentence.

Shaw
(22)
NSW CCA [326]
23.8.2000

s.97(1)
Break & enter w/i to steal

Sched:
Attempt to rob

G

MT 3y
AT 3y
(identical concurr sentence for B&E imposed)

AA
Only to reduce concurrent term for B&E

syringe

on parole - lengthy criminal history

Robbed V with syringe filled with red liquid - threatened to stab V on several occasions - in company with female - premeditated.
Entered school with intent to steal
Schedule offence - threatened female in hair salon with screwdriver.

Stones
(26)
NSW CCA [341]
29.8.2000

s.97(1)
Carried in conveyance
Larceny
Assault

VG

MT 4y 6m
AT 2y 6m
FT 1y
(concurr)

AD

knife

on recognisance - first sentence in DC

Robbed jewellery store with co-offender.

Brown
(35)
NSW CCA [423]
13.10.2000

s.97(2)

G

MT 8y
AT 2y

AA
8y
NPP 5y
(totality with recent sentence)

baseball bat, shortened .22 calibre rifle & pocket knife

offence committed while on parole - released 4 months earlier after serving 4y 6m.

Robbed truck repair workshop with co-offender. Group threatened included children. Owner struck with baseball bat. Loaded gun.

Doorey
(25)
NSW CCA [456]
27.10.2000

attempt AR

G

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

Taha
(22)




Yuksel
(30)

NSW CCA [520]
4.12.2000
120 A Crim R 161

s.97(2)

Sched:
Carried w/o consent

s.97(2)

Sched:
Drive w/o consent
Neg driving
Possess unauth firearm
Possess unreg firearm

G





G

5y
NPP 2y 3m




5y
NPP 2y 3m

Crown AA
6y
NPP 4y



7y
NPP 5y 3m

rifle and knife

no prior convictions for violence - on parole at time of offence


appalling criminal record with gaol sentences

Broke into convenience store and waited until female proprietor opened up next morning. Armed with long barrelled rifle and knife. Assaulted and threatened proprietor's family, including elderly mother and four young children, in adjacent home - Home invasion - Loaded rifle
Y - more active role
T - sexually assaulted as a teenager resulting in drug addiction

EA
NSW CCA [550]
4.12.2000

s.97(1)

3y
NPP 15m
(concurr with breach of recog)

Crown AA
7y
NPP 4y

syringe

on recog at time of offence for AR

Robbed service station - sprayed blood from syringe over face of attendant.
Assistance to police in relation to offences committed against self

Stadhams
(17)
NSW CCA [16]
12.2.2001

s.97(2)

PG

MT 3y
AT 2y

AA
4y
NPP 2y 3m

shortened firearm and file

on probation at time of offence for BES offences

Involved in robbery of credit union with three co-offenders. Passenger - Waited in car while two co-offenders entered union and fired shot into floor - Minor, passive involvement
Early admissions - extensive co-operation with police - aboriginal with deprived background - 7 weeks PSC.

Russon
(35)
NSW CCA [166]
7.5.2001

s.97(1)
Assault police

PG

MT 4y
AT 2y
FT 2y
(concurrent)

AA
6y
NPP 3y

knife

lengthy record - on parole at time of offence

Robbed taxi driver holding knife to throat - Threatened police with piece of wood under jumper pretending it was a gun.
Single person with dependant young son - Long history of drug and alcohol abuse and psychiatric problems - Failure to take into account affect of psychiatric problems on offending

Thompson
(23)
NSW CCA [278]
19.7.2001

2 x BES
s.97(1)

Sched:
10 x Break & enter

PG

FT 2y
10y
NPP 7y
(cumulative)

AA
(on AR offence)
8y
NPP 5y
(cumulative)

knife

lengthy record - on parole for AR

Robbed bank using knife - knife held to throat of female teller - unusual behaviour suggesting he wished to be caught - middle range robbery - Ellis discount
Traumatic personal history - in danger of being institutionalised - significant alcohol abuse problem - need for psychological counselling.

Boney
(18)
NSW CCA [432]
19.10.2001

s.97(1)

Sched:
Take and drive conveyance

PG

3y
NPP 18m

AA
(parity only)
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

Wilson
(21)
NSW CCA [65]
12.3.2002

s.97(1)
Demand money with menaces

Sched:
Affray
Self admin drug

PG

3y 6m
NPP 1y 8m

Crown AD
(inadequate dismissed under court discretion)

syringe

prior including AR - released on parole 4 weeks prior

With co-offender robbed train passenger using syringe - Demanded and obtained money from pedestrian
Disadvantaged childhood - Protective custody

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
Money recovered - Bike accident caused psychological and physical effects and resulted in drug addiction - Remorse - No error in starting point higher than Henry

Howarth
(44)
NSW CCA [387]
23.9.2002

s.97(1) (Assault with intent to rob)

PG

8y
NPP 6y

AA
6y m
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 victim in own home in company with juvenile co-offender

Tuifua
(18)
NSW CCA [420]
15.10.2002

s.94 (Steal from person)
s.97(1)

Sched:
AOABH
Mal damage
GIC

PG

FT 2y 6m
5y
NPP 3y

Total:
6y 20d
NPP 4y 20d

AD

knife

substantial record including similar offences - breached parole and bond

With group of youths approached male acquaintance in car - Victim assaulted and phone stolen - Entered unit with co-offender - Threatened occupants, wielded knife and stole mobile phones
Disadvantaged and abusive childhood - Evidence of progress in rehabilitation while in America - Voluntarily returned to Australia -Contrition

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

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