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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 - Aggravated - With Wounding: s.96 

s.96: Commits offence under s95 and wounds or inflicts GBH - 25y 

CaseOffencePleaSentenceAppealRecordFacts

Binge

(35)

NSW CCA

6.4.1995

s.96VG

MT 6y

AT 4y

Conviction and sentence AD

(parity)

 

V confronted by three men in his house. Punched and hit with stick.  Tied up.  Lost consciousness.

Instigator and inflicted the wounds.

MRB

(17)

NSWCCA

27.4.1998

s.96

 

Sched:

Mal wounding

Assault

PG

MT 3y

AT 3y

ADdrug, property and personal offences in Children's CourtRemoved V's wallet while being fellated by him in public toilet.  Stabbed V three times in chest.  Problems with controlling anger.

Brincat

(17)

NSW CCA

18.9.1998

s.96PG

MT 27m

AT 2y

(PSC 1m)

AA

MT 2y
AT 2y

nil

Arranged with co-accused to rob 64y former landlady. Entered house through ruse, secured V and obtained several hundred dollars. Placed cardigan over V's head and hit her with iron pipe. Principal actor.

Favourable references.  Received one third discount for assistance.

George

 

 

Johnson

 

[1999] NSWCCA 243

s.96

 

 

s.96

VG

 

 

VG

MT 5y 6m

AT 3y 6m

 

MT 5y 9m

AT 3y 3m

AD

agg BES

 

 

several

Met V in bar and became friendly - Later in evening robbed and assaulted V - Used broken beer bottles to cut V - Severe injuries - Gratuitous brutal violence.

Pham

(25)

[1999] NSWCCA 225

s.96 (in company)

 

Sched:

3 x GIC

Receiving

PG

MT 3y

AT 2y 6m

ADunknown

Robbed shop assistant with co-offender - Armed with knife while co-offender armed with loaded pistol - Struck V with handle of knife

Drug problem

Haines

(26)

[2001] NSWCCA 256

s.96

PG

(1/3rd for plea and background)

4y

NPP 3y

ADpriors; previous custody.Female - With co-offender robbed taxi driver of $50.  Held knife to V's throat causing laceration.  Co-offender wounded V in back.  Aboriginal.

Teoka

(22)

 

 

Lloyd

(18)

 

 

ADM

(17)

 

[2004] NSWCCA 373

s.96

 

 

 

s.96

 

 

 

s.96

PG

(20%)

 

 

PG

(20% on appeal)

 

PG

(15%)

10y

NPP 6y

 

 

10y 9m

NPP 6y 9m

 

 

11y

NPP 7y

AA

(to backdate sentence)


 

AA

10y

NPP 6y

 

AA

10y

NPP 6y

Convictions for assault – breached bail

 

 

Convictions for rob in company – breached bail

 

Conviction for robbery – no previous imprisonment

Punched and kicked male victim until unconscious – Serious injuries - ADM took wallet – T instigated assault – ADM instigated robbery

T – remorse – upset at time of offence over breakdown in relationship with de facto – good prospects of rehabilitation

L – remorse – disturbed childhood

ADM – No remorse – more culpable than others

Nasher

(18)

[2005] NSWCCA 238

s 96

PG

(18%)

6y

NPP 3y

(52d PSC taken into account)

AA

4y

NPP 2y

Minor record as juvenile; offences in breach of bail

Attacked acquaintance from school – thought friends were going to rob V – fractured V's jaw and took $100 – jealous of V's comfortable financial situation

Not all PSC taken into account - eldest of 8 children in dysfunctional family – NESB – sexually abused as a child – good employment record – good prospects of rehabilitation

Maisey

[2005] NSWCCA 347

s 96

PG

(25%)

9y

NPP 5y 9m

ADNot stated but breached parole

V physically abused A's sister – A went to V's flat with a friend to get some shoes he had given his sister – punched V when he opened the door – took V's wallet – V jumped off balcony and sustained serious injuries with chronic back pain

Remorse – family loyalty

Collins

(19)

[2006] NSWCCA 162

s.96VG

8y

NPP 5y

AA sentence backdated only.  Term of sentence remains 8y NPP 5y.On bond.  Dishonesty, assault, AOABH, larceny.

Female - Slashed V's handbag strap with knife taking $500 – In tandem with V's estranged husband – Knew V was vulnerable with spinal injury and using crutch.

Background of heroin and prostitution; paranoid personality disorder.

MW

(17)

[2010] NSWCCA 324

s.96

PG

(35% plea and assist)

3y 3m

NPP 1y 9m

AA

2y 9m

NPP 1y 6m

limited

Part of groups who assaulted and robbed male at train station in early hours of morning – not instigator of offence

Long delay between arrest and sentence - aboriginal

JT

(17)

[2011] NSWCCA 128

s.96

PG

(25%)

6y

NPP 3y 2m

ADAssault, assault police, resist police. AOABH, larceny.  On good behaviour bonds.

Aged 16 at time of offence - In company of co-offender, assaulted victim (aged 14) asking for money – kicked and stomped V on head – V rendered unconscious –violence sustained and substantial.

Substance abuse – troubled youth - longstanding anger problems.

SJ

(17)

[2011] NSWCCA 160

s.96

PG

(15%)

5y 11m 12d

NPP 3y 2m

ADNilLeader of five youths who attacked 14y male on street at night – victim punched and stomped on head – shoes, wallet and wristwatch stolen – premeditated attack – leader seeking to maintain his reputation – no remorse

Lobsey

[2012] NSWCCA 239

s.96PG

7y 6m

NPP 5y

ADLengthy including violence

Grabbed bag from 73 female in car park causing her to fall heavily – continued to pull bag dragging victim across ground – victim broke neck and femur and had hip replacement

Genuine contrition – drug and alcohol user

 

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