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 in Company - s.97

s.97(1): Robbery in Company - maximum penalty 20 years

 

Case

Offence

Plea

Sentence

Appeal

Record

Facts

Stenschke

 

 

Murray
(19)

NSW CCA

5.5.1997

Rob in Co

 

 

Rob in Co

VG

 

 

VG

MT 15m
AT 21m

 

MT 1y 6m
AT 1y 6m

AD

 

 

Conv AD

assault, robbery

Group attacked the male victim taking his bag and wallet.

Leoni

(21)

NSW CCA [14]

4.3.1999

Rob in Co

PG

MT 2y 9m

AT 2y 3m

AD

Similar matters as juvenile

3 co-offenders - entered home of elderly and frail female victim disguised with balaclavas. Attacked V with bike pump seeking money. Knew that V recently in hospital.

Low intellectual capacity.

Tawake
NSW CCA [147]

7.6.1999

Rob in Co

PG

MT 3y
AT 1y

AD

Larceny, aid abet robbery. On bail.

3 co-offenders - entered video shop threatening shop assistant with handgun and knife, and kicking V in chest. Tied electrical cord around V’s neck. Demanded that safe be opened.

Barber
(19)

(1999) 106 A Crim R 149

Rob in company

PG

MT 1y 3m
AT 3y 9m

Crown AA
MT 3y
AT 2y

MV theft, dishonesty, BE&S – previous custody.

Breached recog

Robbed general store assistant of money from till. Pointed knife at V’s ribs.

Drug problem; unstable family environment; self mutilation in custody.

Walker
(25)

NSW CCA [144]

9.6.1999

Rob in Co

 

Sched:

Drive stolen MV

PG

MT 1y 9m
AT 1y 3m

AD

No details. Breach of CSO. No previous custody.

Driver for two co-offenders robbing store while armed with wrenches. Received $80 as payment.

Overcome heroin addiction. Father of five children.

Knowles
(36)

NSW CCA [235]

6.8.1999

Rob in Co

 

Sched:
4 x Assault
GIC
FTA
Mal wound
Fail comply bail

PG

MT 6y
AT 2y

AD

Extensive, mainly dishonesty. Previous custody.

V held down by 2 co-offenders while A went through pockets taking $3500. Planned and premeditated.

Offence occurred in 1991 - delay due to being in custody in Qld - delay not in favour of applicant. Drug dependence.

Duffy
NSW CCA [321]

13.10.1999

Rob in Co

VG

MT 1y
AT 1y

Crown AD

“Appalling” - no details given.

Female – 2 co-offender robbed female on street. Co-offender armed with knife and inflicted small cuts upon V.

Applicant released on parole for three months at time of appeal hearing.

Kitiona
(20)

NSW CCA [393]

6.12.1999

Rob in Co

 

Sched:

Steal from person, Neg drive, Receiving

PG

MT 3y 6m AT 12m

AD

AOABH, agg robbery. On bail and recognisance.

With co-offender snatched handbags of two females (52y) at night.

Carter
(19)

NSW CCA [376]

24.11.1999

Rob in Co

PG

MT 2y AT 2y

AD

Dishonesty, larceny, BES. Previous custody.

Lured male into park assaulting and robbing him of $150. Punched V eight times in face. V kicked on ground.

R v Henry referred to.

Nicholas(19)

NSW CCA [11]

14.2.2000

Rob in Co

 

Sched:

BES

PG

MT 4y
AT 3y

AA
MT 3y
AT 2y 6m

No details given. On recognisance.

3 co-offenders - robbed bank of $16k making threats of violence to staff and customers.

Parity.

Hawkins(18)

NSW CCA [434]

16.2.2000

Rob in Co

PG

MT 12m
AT 2y

AA
MT 6m
AT 18m

Nil relevant.

2 co-offenders - disguised in balaclavas, threatened shopkeeper and two others seeking shop takings.

Assistance to authorities. Assaulted in prison. Good rehabilitation / employment.

Swan

NSW CCA [114]

22.3.2000

Rob in Co

 

Sched:
Stealing
Assault
FTA

PG

MT 2y
AT 2y

 

AA
MT 18m
AT 18m

No details given.

With girlfriend and nephew punched 13y male stealing $50.

Parity. Special circumstances found. Henry referred to.

R
(20)

NSW CCA [163]

14.4.2000

2 x Rob in Co
Att Rob in Co

PG

MT 4y
AT 2y 6m

AA (in part)
5y
NPP 3y

Assault, dishonesty, goods in custody, possess drug. On recognisance.

On two occasions, with female co-offender threatened females with knife obtaining small amounts of cash. With male co-offender armed with knife attempted to snatch handbag from female.

Assistance to authorities. Rehabilitation. Contrition.

Hocking
(24)

NSW CCA [339]

25.8.2000

Rob in Co

PG

MT 2y
AT 12m

(cumulative to existing sentence 9m)

Crown AA
4y

NPP 2y 9m

Extensive including robbery, violence, BES.

On recognisance.

Assaulted and robbed male of small amount of money.

Failed undertaking to give evidence against co-offenders.

Aboriginal. Institutionalised.

El-Youseff
(31)

NSW CCA [434]

21.11.2000

5 x Rob in Co

 

Sched:

4 x Rob in co.

PG

MT 7y
AT 3y

AD

BES, stealing. Previous custody. On parole.

Bank robberies. All disguised. Co-offender armed with pistol and knife. Total amount stolen $233,866. “Worst category” case.

Suffered knee injury which led to drug addiction. Special circumstances.

Calderoni

NSW CCA [511]

22.11.2000

Rob in Co

PG

FT 2y (suspended sentence)

Crown AD

No details.

3 co-offenders - 1991 involved in robbery of drug dealer resulting in murder. No involvement in assault or ask for reward, but lent assistance. Acquitted on murder charge.

Error in finding applicant provided assistance - demonstrated rehabilitation and delay.

Nastaly

NSW CCA [486]

24.11.2000

Rob in Co

PG

MT 1y 2m
AT 2y 9m
(1m PSC)

AA
3y 5m
NPP 11m

No detail.

Female - With male co-offender robbed male of $500. Co-offender tried to stab victim with screwdriver.

Drug addiction. Good rehabilitation. Family support.

Atkinson
(20)

NSW CCA [135]

28.3.2001

Rob in Co

PG

MT 2y 9m
AT 3y

AA
5y 3m
NPP 2y

Dishonesty, mal damage, driving

With co-offender threatened V at ATM. Armed with imitation pistol and serrated knife.

Intellectual disability - living skills of 8y child. Disturbed upbringing. Need for extended support. Good rehabilitation prospects.

Nolan
(18)

NSW CCA [144]

2.4.2001

2 x Rob in Co

VG

5y
NPP 2y

AD

Theft, possess implements, damage property

Approached couple on street - demanded money, assaulted both male and female V – took female V’s handbag.

Aboriginal.

Griffiths
(37)

NSW CCA [130]

11.4.2001

Rob in Co

VG

6y
NPP 4y

AD

Drugs, dishonesty.

With female co-offender threatened female occupant of house with replica pistol - took purse and jewellery. Co-offender had knife.

Harb
(24)

NSW CCA [249]

20.6.2001

2 x Rob in Co

VG

4y
NPP 2y

AD

Dishonesty, drugs.

Entered home of three young persons. Assaulted and took wallet.

Drug addict. Schizophrenic mental illness.

Osborne
(30)

NSW CCA [371]

13.7.2001

3 x Rob in Co

PG

MT 3y
AT 1y 6m

AD

Assault w/i to rob, Armed rob in company, assault, mal damage.

Robbed bank of $9000 and two customers of cash.

Heroin addict.

Lo
(19)

NSW CCA [271]

13.7.2001

Rob in Co

PG (15% on appeal)

5y 10m
NPP 3y

AA
5y
NPP 3y

8 x Robbery in company, stealing.

Leapt over counter of Credit Union in hospital, threatening staff. Fled with $4.

Heroin addict. Special circumstances. Insufficient discount for guilty plea.

Brain
(19)

NSW CCA [319]

17.8.2001

Rob in Co

PG (30% for all matters)

3y 6m
NPP 1y 9m

AA
3y
NPP 1y 6m

numerous property,

drugs, violence. Previous custody. On recognisance.

Threatened V with syringe before taking $180. Unaware co-offender had syringe.

Heroin addict. Parity, assistance to authorities and protective custody.

Pearce

NSW CCA [349]

17.8.2001

Rob in Co

 

Sched:
driving offences.

PG

MT 3y 3m
AT 2y

AD

On parole.

2 co-offenders robbed bank, threatening staff and struggling with bank manager. Punched teller in face. Obtained around $60k.

Hoschke
(18)

NSW CCA [317]

21.8.2001

 

Co-offender:
SHARPE

Rob in Co

PG

2y
NPP 18m
PD

Crown AA
2y 9m

NPP 16m

Robbery, inflict GBH, assault, breach AVO.

Robbed 15y male of $15. Co-offender struck V in face and threatened to stab with knife (which did not have).

SJ erred in finding case was one of “exceptional circumstances” within R v Henry.

Zabul
(20)

NSW CCA [455]

17.10.2001

4 x Rob in co.

 

Sched:
Rob in co.

PG

6y 6m
NPP 3y 3m

AD

Nil.

Over 4 month period, robbed service stations, making threats and assaulting staff. Stole money, cigarettes, safe and video equipment. Waited outside in escape vehicle on two occasions.

Perese
(18)

NSW CCA [478]

13.12.2001

Rob in co.

 

Sched:

Rob in co.

PG

6y 6m
NPP 4y

AD

Armed robbery, robbery, assault w/i to rob

2 co-offenders - robbed bank of $99k from safe, threatening staff. Schedule offence involved bank robbery of $26k.

Drug addiction.

Sharpe
(19)

NSW CCA [96]

20.3.2002

 

Co-offender:
HOSCHKE

Rob in co.

PG (1/3rd)

4y
NPP 2y

AA
3y
NPP 21m

Robbery, drugs, mal damage. No previous custody.

Demanded money from 15y boy at bus stop. Took $15 from wallet.

Parity

Kumar
(19)

NSW CCA [95]

20.3.2002

Rob in Co.

 

Sched:
Off Conduct Resist arrest

PG

3y
NPP 18m

AD

Robbery, breach AVO, mal damage. No previous custody. On bond.

2 co-offenders - threatened two teenagers taking mobile phones and wallet.

Sharma
(19)

(2002) 139 A Crim R 238

Rob in Co

PG (50% plea and assist on appeal)

18m
NPP 12m

Crown AA
2y
NPP 18m

minor record

Robbery of motel – Co-offender initiated plan and jumped counter armed with knife – Less culpable than co-offender

Undertaking to give evidence against co-offender – Protective custody

Ho

NSW CCA

29.4.2002

Rob on Co.

VG

3y
NPP 18m

Conviction AD

 

Robbed female shopkeeper walking with store’s keepings ($35k). Apprehended shortly afterward.

Simpson
(23)

NSW CCA [167]

6.5.2002

Rob in Co

PG

4y
NPP 2y

AA
4y
NPP 2y (backdated 1m to allow for PSC)

 

Female – Robbed taxi driver. Co-offender threatened V with knife taking $200. Took other items from driver’s shirt pockets.

Dillon
(18)

NSW CCA [221]

5.6.2002

Rob in Co.

PG

3y 6m
NPP 15m

AA
3y

NPP 11m

No detail.

2 juvenile co-offenders - “jumped” two pedestrians, threatening and searching them. Took one V to ATM taking money from account.

Avaness
(18)

NSW CCA [230]

17.6.2002

2 x Rob in Co.

PG

4y
NPP 2y

AD

Nil

Kicked and punched young V taking mobile phone and money. Punched second Vin head several times taking $30.

Nguyen
(21)

NSW CCA [267]

28.6.2002

Rob in Co.

PG

3y
NPP 18m

AA
2y
NPP 12m

Steal from person, drugs.

With two co-offenders demanded money from 15y school boy at railway. Took $20. No premeditation

Fonseka
(19)

NSW CCA [324]

30.7.2002

Rob in Co.

PG

4y
NPP 2y

AD

Aggravated robbery, stealing, dishonesty

Grabbed female’s mobile phone as she was holding it in her car.

Mitchell
(21)

NSW CCA [491]

19.11.2002

Rob in Co

PG (17%)

5y
NPP 3y 4m

AD

Significant record - breached parole and recognisance

Home invasion with 3 co-offenders to obtain free drugs - Occupants assaulted with steel poles and bats - Appellant did not wield any weapons but took drugs and other property.

Hernando
(19)

NSW CCA [489]

10.12.2002

 

Co-offender:
MCIVOR

2 x Rob in Co

PG

2y
NPP 6m

Crown AD

 

2 similar offences as a juvenile

Male lured into car park and robbed using knife - On second occasion knife held to V’s throat

Sentence manifestly inadequate but in view of delay discretion exercised to dismiss Crown appeal

McIvor
(20)

(2002) 136 A Crim R 366

 

Co-offender:
HERNANDO

2 x Rob in Co

PG (25%)

2y
NPP 7m 7d
PD

Crown AD

Breached bond

Male lured into car park and robbed using knife - On second occasion knife held to V’s throat.

Sentence manifestly inadequate but in view of outcome in relation to co-offender Hernando discretion exercised to dismiss Crown appeal.

Martin
(24)

NSW CCA [25]

17.2.2003

Rob in Co

PG (15%)

3y 4m
NPP 1y 10m
(+ 7m 21d PSC)

AA
3y 1m
NPP 21m
(backdated)

poor

Robbed 45y female on street - Impulsive crime - Initiated by co-offender

Difficult childhood – drug addicted parents and violent step father - Mildly mentally retarded - protection - Schizophrenic

Davis
(37)

NSW CCA [62]

17.3.2003

Rob in Co

 

Sched:

Possess cannabis,

GIC

VG

3y 4m
NPP 2y 6m

AD

minor record - irrelevant

Robbed hotel - Disguised - Employees taped up - Supportive role

Assistance - Good prospects of rehabilitation

Boa Morte

NSW CCA [75]

4.4.2003

Rob in Co

 

Sched:
AOABH

PG (25%)

2y 8m
NPP 1y 8m

AD

not stated

Group threatened V at train station – V punched - obtained $3.

Bendt

(17y 9m)

NSW CCA [78]

14.3.2003

2 x Rob in Co

 

Sched:
2 x Rob in Co

PG

18m control order suspended

Crown AA
1y 6m
NPP 1y

 

Robbed club late at night with 7 males – 2 males armed with machetes - employees and patrons manhandled, threatened and assaulted

Judge erred in dealing with matter under Children (Criminal Proceedings) Act

T Hickey
(32)

 

 

J Hickey
(29)

 

NSW CCA [110]

24.4.2003

2 x Rob in Co

 

 

Rob in Co

 

Sched:
Steal from person

PG (25%)

 

    

PG (25%)

4y 6m
NPP 3y

 



3y 9m
NPP 2y 6m

Crown AA
6y
NPP 4y

 


Crown AD

extensive record

 

   

lengthy but less serious record

4 offenders robbed bank - no weapons or threats of violence - TH involved in robbery of TAB where door smashed - JH grabbed bag from female on street

Aboriginals with drug addiction - Both affected by inability to attend mother’s funeral

TH - prospects of rehabilitation outside Sydney and in structured rehabilitation program

JH - some prospects of rehabilitation

Shiagetz
(29)
NSW CCA [115]

2.5.2003

Rob in Co

VG

4y
NPP 2y

AD

Lengthy record – minor violence

Group approached V’s group on street late at night – Applicant demanded backpack – During subsequent fight backpack taken

Step father to young child – need for lengthy supervision for drug addiction

Bell
(33)

NSW CCA [132]

2.5.2003

Rob in Co

PG (20% on appeal)

6y 6m
NPP 4y

AA
4y 10m

NPP 3y

Lengthy record – breached two bonds

Female – Threatened and assaulted female in arcade – Joined by co-offender – Stole bag – Caused broken nose

Troubled background involving physical and sexual violence and drug abuse. Sentence manifestly excessive for this type of case.

Stanley
(18)

NSW CCA [233]

19.8.2003

Assault w/i Rob in Co

 PG (25%)

3y
NPP 2y

AD

Poor – breached probation order

Induced male acquaintance to withdraw money with promise of cheap beer – V subsequently attacked – Principal

Aboriginal

Jin

NSW CCA [238]

20.8.2003

2 x Rob in Co

 

Sched:
Larceny

Enter encl lands

Self admin

PG

3y
NPP 18m

AD

Prior convictions – Breached recog and bail

Robbed two 14y boys in park – Stole mobile phones

Assistance in identifying co-offender – No parity in view of different subjective factors

Eter
(25)

 

 

 

 

 

 

 

Cotter
(25)

 

Russell
(19)

Iremonger
(19)

 

NSW CCA [273]

1.10.2003

2 x Rob in Co

 

Sched:
3 x possess drugs

Impersonate police off

 

2 x Rob in Co



2 x Rob in Co

 

 

2 x Rob in Co

Sched:

2 x possess drugs

PG (25%)

 

 

 

 

 

    

PG (25%)

    

PG (25%)

 

   
PG (25%)

3y
NPP 15m

 

 

 

 

 

 

3y
NPP 15m

 

2y
suspended

 

 

2y
suspended

Crown AD

 

 

 

 

 

 

 

Crown AD

 

Crown AD

 

 

Crown AD

Minor convictions

 

 

 

 

 

 

Drug offences

 

 

 

 

 

Minor record

Forced way into home of 53y complainant on farm – E impersonated police officer – Complainant and de facto wife threatened and assaulted – Guns and property stolen – E and C carried out threats

E – drug addiction – evidence of rehabilitation

C – evidence of rehabilitation

R – depression as result of father’s death – believed entitled to father’s gun held by complainant – vulnerable in gaol – evidence of good work record – lesser involvement in offence

I – lesser involvement in offences – vulnerable in gaol – evidence of good work record

Crown appeal dismissed in exercise of discretion

Stepanovic(20)

NSW CCA [343]

18.11.2003

Rob in Co

Sched:
Kidnapping
Obtain benefit by deception

PG

4y
NPP 3y

AD

Lengthy – breached conditional liberty

Forced driver of car to drive around Sydney – Stole $200 from ATM – Co-offender held knife to V’s neck

Dukino
(21)

 

 

 


Moshref

(19)

 

NSW CCA [379]

12.12.2003

Rob in Co

 

Sched:

2 x Rob in Co

 

3 x Rob in
Co

PG (15%)

 

 

 

   

PG (25%)

5y
NPP 1y 9m

 

 

 


5y
NPP 2y 9m

AD

 

 

 

 


AD

Appalling

 

 

 

 

Appalling – breached bonds

Group of four offenders approached male and female at train station – punched male in face and took money and mobile phone – 4 offenders pushed way into office at station – assaulted female employee and took money

Lomas
(23)

NSW CCA [46]

5.2.2004

Rob in Co

 

Sched:

Rob in Co

PG (15%)

7y
NPP 5y

AD

Robbery, stealing. On parole for similar offence.

5 offenders robbed Bank – Applicant climbed over bank counter taking $20,932.

History of drug abuse – Special circumstances.

Towards top end of range.

Ngatikaura(19)

NSW CCA [175]

21.5.2004

Rob in Co

PG (25% on appeal)

5y
NPP 3y

AA
3y 6m
NPP 2y

Minor

V confronted by two men in store – Co-offender restrained V while offender took wallet – Co-offender unexpectedly produced knife

Contrition – Parity

Walker
(34)

NSW CCA [230]

8.7.2004

Rob in Co

PG

3y 7m 6d
NPP 2y 4m 15d

AA

To backdate sentence

Priors – breached parole

Female - Robbed 40y female in street with 2 co-offenders – V struck by male

Element of double punishment in not backdating sentence

Lewis
(25)

NSW CCA [383]

5.11.2004

Rob in Co

PG (25%)

3y 2m
NPP 2y 2m

AD

Nil

Robbed male on street taking earnings from nightclub to bank

Drug and alcohol abuse – good prospects of rehabilitation

Hasan
(19)

NSW CCA [21]

4.2.2005

2 x Rob in Co

PG (25%)

4y
NPP 2y

AD

Breached bonds for assault and driving offence

Robbed two taxi drivers – threats to kill – planned offences

Voluntary surrender and admissions

Ibrahimi
(19)

NSW CCA [153]

20.4.2005

Rob in Co

 

Sched:
Rob in Co

PG (20%)

4y
NPP 2y

AD

Breached cond liberty – assault and offensive behaviour

Robbed train commuters at railway station

McNamara
(28)

NSW CCA [195]

20.5.2005

Rob in Co

PG (15%)

8y
NPP 4y 6m

AA
6y
NPP 3y 6m

Limited record

Robbed club during day – co-offender armed with gun

Andrews

(2006) 160 A Crim R 505

Rob in Co

PG

6y
NPP 3y

AD

Considerable

With co-offender robbed jogger of mobile phone

Browne

NSW CCA [62]

14.3.2006

 

Co-offender: DYER

3 x Rob in Co

Rob

 

Sched:
Rob in Co

PG

6y
NPP 3y 6m

AD

Breached bail

Robbed train passengers on train and station.

Parity

Chahine

NSW CCA [99]

5.4.2006

Rob in Co

 

Sched:
Carried in conveyance

VG

10y
NPP 7y 6m

AD

Significant prior convictions – breached parole

Involved in bank robbery with two co-offenders – stolen car

Spurling
(24)

 

 

Everuss
(43)

 

NSW CCA [245]

11.8.2006

Rob in Co

 

 

 

Rob in Co

VG

 

 

 

VG

4y
NPP 2y 6m

   

 

3y
NPP 18m

AD

 

 

 

AD

Priors included armed robberies – breached bail

 

Priors less serious

Assaulted and robbed male acquaintance in backyard – stole wallet

S – borderline intellect

E - principal

Dyer
(19)

NSW CCA [274]

20.9.2006

 

Co-offender:
BROWNE

Rob in Co

PG (15%)

3y 6m
NPP 2y

AD

Extensive – no violence – breached PD

Robbed train passenger with two co-offenders – lesser offender

Good prospects of rehabilitation – low intelligence

Doolan
(31)

NSW CCA [344]

8.11.2006

Rob in Co

PG

4y 6m
NPP 2y 6m

AD

Minor

Two females robbed female pedestrian – assault – lesser offender

Aboriginal – disadvantaged childhood – drug abuse – schizophrenia - remorse

Khare
(19)

NSW CCA [388]

4.12.2006

Rob in Co

PG (15%)

2y 10m
NPP 16m

AD

 

Three men robbed university student on train at night – victim punched to face

Participated in drug rehabilitation program prior to sentence

Boakye-Yiadom
(18)

NSW CCA [400]

8.12.2006

Rob in Co

VG

5y
NPP 3y

AD

Steal from person. On bail.

In company of others, menaced victim on train – co-offender threatened with knife – obtained money and mobile phone.

Smith
(18)

NSW CCA [100]

12.4.2007

Ass w/I to Rob in Co

5 x Rob in Co

 

Sched:

4 offences

PG

3y 9m
NPP 2y 1m

Crown AA
5y 6m
NPP 3y 9m

Prior for assault – breached bail

With co-offenders robbed stores and service stations – knife used in first attack – more than one co-offender involved – on five occasions attendants assaulted

Turbulent childhood

Vaovasa

(27)

NSW CCA [253]

28.8.2007

3 x Rob in Co

VG

5y
NPP 3y 9m

AD

Rob in company

With five co-offenders attacked three victims – took mobile phones and money.

Suttle

NSW CCA [264]

14.9.2007

Rob in Co

PG (15%)

2y 6m
NPP 1y 3m

AD

 

Female passenger attacked by two females on train – punched, kicked and hair pulled – stole mobile phone

Significant mental problems – drug and alcohol abuse

Palmer

NSW CCA [308]

30.10.2007

Rob in Co

PG

4y 6m
NPP 3y

AD

Breached conditional liberty – significant record including robbery and violence

No facts

Syed
(19)

 

 

Mahmood

(21)

 

NSW CCA [37]

4.3.2008

Rob in Co

 

 

 

Rob in Co

VG

 

 

 

VG

1y 10m
NPP 1y 3m
(Suspended)

 

1y 8m
NPP 1y 3m
(Suspended)

Crown AD

Nil

With armed co-offender robbed V of mobile phone on street at night.

Both of good character - Sentences inadequate but Court declined to intervene due to age of matter and rehabilitation since offence.

II
(20)

NSWSC [325

Fullerton J
11.4.2008

Rob in Co

 

Sched:
11 related offences

PG (10%)

3y
NPP 21m

 

Nil

Female driver of car for four men involved in robbery of hotel – unaware of presence of weapons – patron fatally stabbed in subsequent struggle

Out of character

Co-accused – SL, RT and WS – sentenced for s.97(2)

Dalton

NSW CCA [108]

26.5.2008

2 x Rob in Co

PG (25%)

4y
NPP 18m
(concurrent)

AD

Assault, AOABH

With cooffender stole mobile phone and other items from two teenage boys whilst travelling on train.

Bolder
(41)

 

Zaphir
(42)

 

NSW CCA [222]
25.9.2008

Assault w/I to rob in company

 

Assault w/I to rob in company

VG

2y
NPP 15m
PD

Crown AA
4y 6m
NPP 2y

Minor

   

Minor

63y male left units after visiting sister – attacked by B after hand signal from Z – Z joined attack – punched and kicked and dragged down stairs – assault lasted 2 minutes - significant injuries

Difficult childhoods - mental health issues

Beattie
(20)

NSW CCA [51]

27.2.2009

Rob in Co

PG

4y
NPP 2y 6m

AA
4y
NPP 1y 6m

On bail. Dang driving, AR, BES.

With cooffenders robbed victim of money and personal items late at night.

Sentence cumulative on existing sentences – SJ indicated intention to alter proportion of NPP to total term in favour of D - Effect of sentence for unrelated offences overlooked - Resentenced to achieve favourable proportion.

Chamma
(18)

NSW CCA [92]

6.4.2009

Rob in Co

 

Sched:
3 offences

PG

2y 5m
NPP 1y 2m
PD

Crown AA
2y
NPP 12m

Breached probation order – disqualified driver

Three men robbed convenience store at night – driver of van – police chase from scene – unaware of use of knife – principle in second degree

Significant prospects of rehabilitation – drug, alcohol and gambling problems

Withers
(25)

NSW CCA [133]

1.5.2009

Rob in Co

PG

5y
NPP 3y

AA
4y 6m
NPP 2y 8m

Lengthy. No violence.

With co-offender robbed service station – threatened female service station attendant with steel bar – asked for money.

Drug abuse – mental illness – unstable upbringing.

Parity ground allowed - more weight ought to have been given to A’s mental illness – special circumstances – further need for counselling for drug abuse.

Steele
(22)

NSW CCA [209]

2.7.2009

Rob in Co

PG (25% plea & assist)

3y 9m
NPP 2y

AD

Record including AOABH

4 offenders assaulted male passenger on train – sustained kicking to complainant on the floor of the train – made threat to kill if reported incident

Offered to give assistance against co-offender – reasonable prospects of rehabilitation

Lau

NSW CCA [237]

16.9.2009

Rob in Co

PG (25%)

4y
NPP 2y 6m

AD

Lengthy. Drugs, property, assault.

With cooffender robbed victim of wallet.

Frahm
(24)

NSW CCA [249]

24.9.2009

Assault with intent to Rob in Co

PG (25%)

4y 6m
NPP 3y

AA
3y 3m
NPP 2y

Extensive record

Demanded money from grocery store attendant while in company – attendant refused and ran from cash register area – unsuccessfully attempted to open cash register

Under influence of ice – socially disadvantaged childhood – severe substance abuse – gambling addiction

England
(27)

 

 

 

 

 

 

Phanith
(24)

 

NSW CCA [274]

11.11.2009

2 x Rob in Co
2 x breach bond – s.112(2)

 

Sched:
Additional offences

 

Rob in Co

 

Sched:
Additional offences

PG (25%)

 

 

 

 

 

    

PG (15%)

8y 6m
NPP 4y 6m

 

 

 

 

 

 

6y
NPP 4y 6m

AD

 

 

 

 

 

 

 

AD

Property offences

 

 

 

 

 

 

 

Breached parole – lengthy record fro both property and violence offences

Three men entered house -  assaulted male victim in bedroom – co-offender struck victim with shifter – girlfriend assaulted – money and property stolen from occupants – occupants tied up and threatened

E involved in second robbery of female acquaintance – entered victim’s unit with three men at night – victim and male friend tied up threatened

E – female – alcohol abuse

Dolan
(18)

NSW CCA [10]

11.2.2010

Rob in Co

PG (25% on appeal)

4y 6m
NPP 2y 6m

AA
3y
NPP 2y

Prior record in children’s court – breached bond

Three young men robbed cleaner at MacDonald’s – intoxicated

Difficult childhood – evidence of rehabilitation

Kelso
(22)

NSW CCA [34]

2.3.2010

Rob in co

PG (25%)

4y
NPP 2y

AA
3y
NPP 18m

Minor

With cooffender robbed victim on train of bicycle – victim assaulted.

Good character – rehabilitation prospects.

Appeal allowed on parity ground.

Abdisimi Hersi & Abdizarak Hersi

(19), (21)

NSW CCA [57]

15.4.2010

Each:

Rob in Co

Each:

VG

Abdisimi:

2y NPP 12m
Periodic Detention

 

Abdizarak

2y NPP 12m

Crown AA

Abdisimi:
4y
NPP 2y 6m

 

Abdizarak:
5y
NPP 3y

Abdisimi –

Nil

 

 

Abdizarak-
Larceny; on bond

Part of group of 5 males - assaulted and kicked male victim to ground – took wallet containing cash and cards.

Hawke

NSW CCA [172]

6.8.2010

Rob in Co

 

Sched:
AOABH

PG (25%)

3y
NPP 18m

AA
Only to adjust commencement date.

 

Minor

With friends attacked victim outside club on street - punched and kicked – took wallet – opportunistic offence

Well towards the lower end of the range of offences.

Special circumstances - good prospects rehabilitation - youth

Carroll

NSW CCA [200]

6.9.2011

Rob in Co

VG

5y
NPP 2y 3m

AA
4y
NPP 1y 9m

 

Female - With male cooffender robbed male victim knowing victim had a large amount of money in his wallet – no violence inflicted – no serious injuries to victim – opportunistic offence.

SJ erred in finding that this case fell somewhere higher up the scale than the 4 to 5 year range referred to in Henry.

Drug and alcohol abuse.

Hamed

NSW CCA [219]

30.9.2011

Rob in Co

VG

8y
NPP 5y

AD

On parole for robbery

Robbed post office in company with two unidentified co-offenders – took cash in excess of $9,000 – some degree of planning – in possession of knife

Williams
(18 – 19)

NSW CCA [244]

17.11.2011

Rob in Co

 

   

 

AR

 

 

Escape

PG (25% on appeal)

9y
NPP 5y 4m

   

 

6y 9m
NPP 4y 6m

 

FT 6m (cumulative)

 

Total:
9y 6m
NPP 6y 4m

AA
6y
NPP 3y 4m

 

4y 10m
NPP 2y 5m

 

FT 6m
(cumulative)

 

Total:
6y 6m
NPP 4y 4m

Lengthy record – AR breached conditional liberty – Rob in Co committed as escapee

Three offenders attacked male outside units – sustained assault including punching and kicking – co-offender threw beer bottle smashing against victim’s head – unconscious – escaped from correctional centre by cutting through fence and climbing wall – at large 1m 13d – while escapee attached taxi driver with two co-offenders – punched victim in face twice – above range criminality

Aboriginal youth with chaotic upbringing and alcohol and drug abuse – 25% guilty plea

Perez
(21)

NSW CCA [167]

2.7.2012

Rob in Co

PG

4y
NPP 2y

AD

Minor, not relevant

With co-offender robbed victim of $3200 – victim intended to purchase campervan from co-offender and arrived with money - co-offender punched victim in face – A pointed “taser” device at victim – drove away with money.

Planned offence.

Drug abuse – good prospects rehabilitation.

Ghobrial
(21)

NSWCCA [221]

12.10.2012

Rob in Co

PG (25%)

2y 6m
1y 3m

AD

Possess drug

With two co-offenders, robbed V in club carpark – V had just collected $900 in winnings – A and co-offenders followed V to carpark – A struck V in back of head with elbow – caught by CCTV.

Remorse - supportive family – sought help for drug problems.

Sen
(31)

NSWCCA [30]

19.2.2013

Rob in Co

Detain in Company

 

5y 4m 24d
NPP 4y 18d

 

(Identical concurrent sentence)

AA
4y 9m
NPP 3y

Minor – breached conditional liberty

 

Involved in robbery of drug dealer with two females – victim forced into bedroom and stabbed with knife by female offender

History of mental illness

Rose
(19)

NSWCCA [73]

9.4.2013

Assault w/i rob in co

Rob in co

 

Sched:

s 117 Larceny

 PG (25%)

Total:
3y 7m
NPP 2y 3m

AD

Possess proh weapon. On bond.

With co-offenders robbed two taxi drivers – A punched one V – some planning – involved violence.

Bloomfield(26)

NSWCCA [315]

11.12.2013

Rob in Company

PG

(25%)

4y 6m
NPP 3y 4m 15d

AD

Record

Robbed 15y male on train in company – dragged V to ground and placed knee on chest – told V he had a knife

Aboriginal with difficulty childhood – drug abuse

Hallak

NSWCCA [48]

11.4.2014

Rob in Co

PG

(5%)

4y 3m

NPP 1y 1m

AD

Car stealing, committing act of cruelty on animal, aggravated assault with intent to rob and use corporal violence.  On parole.

With cooffender (brother) robbed female victim at train station – tried to get V’s handbag – A took hold of V’s left arm in bicep area and grabbed it with such force that V felt pain - V did not let go handbag – cooffender then squeezed V by neck.

Yousif
(19)

[2014] NSWCCA 180

Rob in Co

PG
(10%)

4y 2m
NPP 2y 1m

AD

Appalling – multiple robbery offences – breached parole for rob in company

With co-offender robbed male on train at 11pm – co-offender used knife to threaten victim – victim punched and hit with butt of knife by one or both offenders – limited planning – vulnerable victimRefugee from Iraq as a child – entrenched drug addiction – continued recalcitrant behaviour in custody demonstrates nil prospects of rehabilitation

JM

(17)

[2016] NSWSC 98

RA Hulme J

Rob in Company

 

SMV

PG

(10%)

6m GBB

 

(5m PSC)

40% discount

​InsignificantJoint plan between four offenders - Victim lured by offender to park for robbery - beaten to death by co-offender– JM took keys and went to victim's home and stole car – limited acquaintance with co-offender and not aware he would use violence – element of duress (fear of D) – assaulted by D in dock

Abusive childhood primarily in foster care – chronic physical and psychological health – behavioural problems – poverty – drug use - remorse

Co-offender pleaded to manslaughter

30% assistance

Wran

(26)

[2015] NSWSC 1015

Harrison J

Rob in Co

 

 

Accessary after the fact murder

PG

(20%)

 

(25%)

4y

NPP 2y

 

FT 1y (concurrent)

MinorFemale attended unit with two male co-offenders – spontaneous agreement to use threat of force to purchase more drugs than could afford – anticipated possible use of some physical force – waited in lounge room while co-offender forced occupants to bedroom and stabbed them – one died – unaware of presence of knife until entered unit – money and drugs stolen by co-offenders – low objective seriousness

Stayed with male who fatally stabbed victim – boyfriend – for three days failed to report to police – suffering ill health, mental illness and drug addiction – no active concealment or assistance in attempt to escape – aggravated by involvement in robbery – low objective seriousness

Lengthy history of mental illness and drug addiction – good character – genuine remorse – prospects of rehabilitation – continued need for supervision – good support – extra curial punishment from adverse and erroneous publicity – onerous conditions of custody