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 - Aggravated - s.95  

Penalty - 20y
Replaced on 23 December 1994 by:
Robs or assault with intent to rob and in circumstances of aggravation - 20y
Circumstances of aggravation
(a) uses corporal violence
(b) maliciously inflict actual bodily harm
(c) deprives person of liberty 
 

Case Offence Plea Sentence Appeal Record Facts

Goolagong
NSW CCA 28.9.1994

s.95 [striking]

PG

MT 3y
AT 1y

AD

 

Stole handbag from elderly lady in underground car-park, struck and forced to ground. Significant injuries.

Lego
(20)
NSW CCA 24.4.1995

s.95 [striking]

PG

MT 2y 6m
AT 18m

AD

assault

In company with another hit V over head with stubby and it broke. No permanent injury. Grabbed wallet and decamped.

Docherty
NSW CCA 27.11.1995

s.95 [striking]

VG

MT 15m
AT 2y

AA
MT 12m
AT 2y 2m

 

Group of four set upon V.

Ellem
(31)
NSW CCA
18.12.1996

s.95 [corp violence]

PG

MT 4y
AT 2y

AD

Violence offence.

Assaulted and robbed victim after night of drinking together. Stole $50 from wallet. Victim was related.

Douglas
(24)
NSW CCA
4.3.1997

s.95 [corp violence]

PG

Bond 2y conditional upon treatment Odyssey House

Crown AD

Possess drug, BE&S

Snatched handbag from victim. Victim suffered fractured shoulder.
Drug addiction.

Marino
(25)
NSW CCA
9.4.1997

s.95 [striking]

PG

MT 3y
AT 3y

AD

personal and property offences - previous custody – breached parole

Attacked victim in public toilet. Took wallet and threatened victim after noting victim’s address.
Drug abuse. Deprived background.

Woodfield
(21)
NSW CCA
11.6.1997

s.95 [corp violence]

PG

MT 18m
AT 2y 6m

AD

nil

Punched and robbed employee taking cheques and cash to bank - Considerable planning
Assistance to authorities - Immature - Likelihood of rehabilitation

Turner
(19)
NSW CCA
1.9.1997

s.95 [striking]

PG

2y 6m PD

Upon breach of PD order, sentenced to
MT 1y 10m
AT 8m

AA
MT 1y 5m
AT 1y 1m

Property offence - no previous custody.

With co-offender assaulted victim stealing $6400.
Deprived background. Personality disorder.

Darkin
(19)
NSW CCA
10.9.1997

s.95 [corp violence]

PG

MT 4y
AT 2y

AA
MT 3y 6m
AT 2y

property offences

With group of males attacked V in park. V punched and stabbed in thigh. Stole $3000 worth of property.
Heroin addiction. Left school at 14. Behavioural problems.

Smith
(19)
NSW CCA [45]
12.3.1999

s.95 [striking]

PG

MT 2y
AT 2y

AA only to backdate sentence

stealing, BE&S,
fraud, AOABH

Following argument with V, stomped on head while V semi-conscious. Took money from pockets.
Aboriginal background. Violent home. Serious drug and alcohol problems.

Locke
(39)
NSW CCA [19]
21.2.2000

s.95 [corp violence]

Sched:
PCA
Drive while cancel
Fail to appear

PG

MT 2y
AT 1y 6m

AA
MT 1y 6m
AT 1y

violence, property, fraud - previous custody.

With 11y nephew accepted overnight accommodation from victim. When V expressed sexual interest in nephew, attacked V stealing motor vehicle to escape.
Aboriginal background. Drinking prior to offences.

Abou-Jibal
NSW CCA [127]
10.4.2000

s.95 [mal inflict]

PG

MT 2y
AT 18m

AD

breached suspended sentence

Snatched bag from female leaving bank –V injured as pulled down stairs - pre-meditated.
Gambling addiction

Black
(20)
NSW CCA [41]
16.2.2001

s.95 [corp violence]

PG

3y 1m
NPP 1y 8m

AA
2y 6m
NPP 16m

no significant priors

Struck supermarket checkout sales assistant in face with fist. Removed $230 from till.
Affected by heroin and cocaine at time of offence - little premeditation - good rehabilitation prospects.

HMB
NSW CCA [554]
4.7.2000

s.95

VG

MT 18m
AT 2y

Conviction AD

 

With 2 co-offenders robbed service station - Male co-offender threatened and hit attendant on arm with axe

RY
(13)
NSW CCA [499]
21.11.2001

s.95 [corp violence]

PG

12m
NPP 9m

AA
Control order 12m
NPP 6m

nil

With aid of two co-offenders punched and kicked V at shopping mall after V refused to give offender money. Stole V’s mobile phone.
Borderline intellectual disability - mental and personality disorder

Maloukis
(32)
NSW CCA [155]
30.4.2002

4 x s.95 [corp violence]
s.94 Robbery

Sched:
s.95
2 x s.94
GIC

PG

4y
NPP 2y
(all conc)

Crown AA
(cumulative sentences)
Total:
6y
NPP 3y 6m

extensive record incl drugs, violence - previous custody - breached bond.

Over five months committed bag-snatch robberies upon elderly female victims by driving alongside victim and grabbing handbag. Some victims were injured by falling. High degree of criminality and planning.
Drug abuse.

Kemsley
(18)
NSW CCA [221]
8.8.2003

s.95
[corp violence]

VG

2y
NPP 12m

AD

Includes common assaults and knife in public place

Assaulted male in street outside Pizza Place – Angered by involvement of victim with girlfriend of appellant – Punched and strangled – Stole necklace and earring

Kerr
(32)
NSW CCA [234]
26.8.2003

s.95 [corp violence & inflict abh]

VG

14y
NPP 11y

AA
10y 2m
NPP 7y 9m

Lengthy record

Led to younger men to steal cannabis plants – Forced way into house assaulting complainant with handgun – co-offender armed with baseball bat
Aboriginal with deprived and disrupted childhood – Recent prospects of rehabilitation – Element of parity – Sentences include 6m PSC

Tran
(19)
NSW CCA [6]
5.2.2004

s.95
Att s.95

Sched:
Rob in Co
Att Rob in Co

PG

6y
NPP 4y

AA
5y 6m
NPP 3y 6m

 

With 3 co-offenders robbed school boys aged 14-15y – V punched and kicked – Money and phones stolen – One offence committed alone
Parity

Chebat
NSW CCA [211]
28.6.2004

s.95

PG

2y 6m
NPP 1y 3m

AD

Nil

With co-offenders attacked male – Squeezed throat and hit head on wall – Sustained assault including kicking and punching
Youth – Prior good character – Head injuries from car accident

Sarcasmo
(29)
NSW CCA [277]
18.8.2004

s.95 – [mal inflict ABH]

PG

3y
NPP 2y 6m

AA
3y
NPP 18m

Lengthy – on bail – no previous imprisonment

Grabbed handbag from 44y female victim – caused victim to fall to ground – failure to sentence in accordance w/ s44 – specific error found – not manifestly excessive
Heroin withdrawal – early guilty plea – need for drug treatment and counselling

Walter
(32)


Thompson
(23)

NSW CCA [304]
3.9.2004

s.95 – [mal inflict ABH]

PG




PG

5y
NPP 6m



3y (PD)
NPP 4m

Crown AA
4y
NPP 12m


3y
NPP 9m

Record including violence – no gaol



Juvenile record only - no violence or gaol

Approached male stranger in street at night and demanded jeans – Complainant punched in eye and kicked on ground – Removed jeans, shoes and other valuables – DW more culpable - Delay
MT – Aboriginal – Borderline intellectually handicapped – Evidence of positive rehabilitation’
DW – Aboriginal – Suffered physical and racial abuse as a child

Hala, aka Black (19)
NSW CCA [329]
23.9.2004

s.95

PG

3y 6m
NPP 1y

AD

Record including violence; bonds breached

Attacked 2 youths about some earlier conversation – struck one of victims – took mobile phone - Opportunistic crime – error as to NPP but s6 applied
Alcohol – abuse by step-father – ADD – contrition.

Fields
(40)
NSWCCA [37]
16.2.2005

s.95 [mal inflict ABH]

PG

6y
NPP 4y

AD

Lengthy record – breached bond

Went to home of 61y disability pensioner in company and demanded money, then punched in face –put knife to V’s throat and threatened to kill – kicked about body – serious injuries – no recollection of event
25% discount for PG - alcohol and cannabis – aboriginal and removed from mother’s care at 6 weeks – illiterate and innumerate – poor health – interested in rehabilitation

Sundar
(31)
NSW CCA [93]
15.3.2005

s.95 [corp violence]

PG

5y
NPP 3y

AA
3y
NPP 2y

Relatively minor record

Attacked V in belief V had stolen property from his girlfriend – punched and stabbed V and took health care card from wallet – Unaware co-offender had knife
Parity – insufficient discount for assistance to authorities and contrition and utilitarian discount for plea - depression – delusional

McIlwraith
(22)
NSW CCA [137]
6.4.2005

s.95 [mal inflict ABH]

PG

6y
NPP 4y 6m

AD

Extensive record – breached parole

Robbed video store with co-offender – Assaulted male and stole money and phones
No parity issue

Atonio
(20)
NSW CCA [200]
7.6.2005

s.95 [corp violence]

PG

5y
NPP 3y

AD

Significant – breached bond and parole

Accosted V at train station and demanded money or his mobile – punched V twice in face – arrested at scene
Errors in application of s 21A did not significantly affect sentence imposed - low IQ – affected by alcohol

Suaalii
(23) NSW CCA [206] 9.6.2005y

 


Mauai
(20)
NSW CCA [207]
9.6.2005

s.95 [deprive person of liberty]



s.95 [deprive person of liberty]

PG




PG

9y
NPP 6y 6m



9y
NPP 6y 6m

AA
6y 8m
NPP 4y 6m


AA
6y 8m
NPP 4y 6m

Nil but since sentenced for AOABH


Nil

Security guards went to hotel where co-offender worked (M previously worked there) - tied up co-offender and employers, including 6m pregnant V – threatened bomb in the building - $31,500 taken from safe
S: 25% discount – Samoan – insufficient weight given to youth and rehabilitation prospects –
M: 25% discount – Samoan – good employment history – although special circs found, ratio of 72% did not reflect this – educational courses in prison

Freeman
(19)
NSW CCA [460]
2.12.2005

s.95 [mal inflict ABH]

PG

3y 4m
NPP 2y

AA
3y 2m
NPP 1y 10m

Criminal record – breached parole

Female with co-offender robbed train passenger – complainant assaulted by co-offender
Parity

Malcolm
NSW CCA [323]
10.10.2006

s.95

PG

3y 4m
NPP 2y

AD

 

Assaulted person outside train station – stole mobile phone – unprovoked attack
Intellectual disability

Perkins
(32)
NSW CCA [80]
2.4.2007

s.95 [mal inflict ABH]

PG

3y 6m
NPP 18m

AD

Not relevant

Intoxicated at hotel – Began talking to hotel staff about “killing someone” and “scoring” drugs – Left in taxi – Threatened taxi driver with sharp implement causing lacerations to victim’s neck.
Out of character – suffering depression due to serious neck injury - Special circumstances.

Saban
(31)
NSW CCA [139]
16.5.2007

s.95

Sched:
2 x s.99
s.61

PG

6y 9m
NPP 4y 9m

AD

Lengthy record – violence – breached parole

Assaulted male with knife – demanded motor bike – took mobile phone – on separate occasion pushed female acquaintance – next day threatened returns’ desk at supermarket
Dysfunctional and fearful childhood – drug addiction – suffering depression and anxiety

Tortell
(19)

Tsegay
(18)

NSW CCA [313]
15.11.2007

s.95 [corp violence]

Sched:
Carried in stolen conveyance

PG

300 hours CSO

Crown AD

Nil


Nil

Robbed victim of $51K while proceeding to deposit money at bank on behalf of client – respondents had been notified by telephone of victim’s movements by a client of the victim.
Strong subjective features - limited planning of offence – prior good character - youth – rehabilitation
Tortell suffering mental health condition.

Azzi
NSW CCA [169]
22.7.2008

s.95 [corp violence]

Sched:
Fail to disclose identity of passenger

PG

3y
NPP 18m

AD

Violence – breached bail

Met victim to discuss purchase of puppy – punched victim in face before leaving – impulsive offence – knife visible in jacket pocket – refused to reveal identity of persons in car

Priest
(28)
NSW CCA [33]
19.2.2009

s.95 [inflict actual bodily harm]

Sched:
Carried in conveyance

PG

4y
NPP 2y

AA
3y 4m
NPP 1y 8m

Record

With co-offender drove victim to remote area – V assaulted and robbed of wallet – left to walk home
Difficult childhood – drug addiction

Ferenc
NSW CCA [126]
23.4.2009

s.95 [corporal violence]

 

2y 6m
NPP 18m

Crown AA
4y 3m
NPP 3y

Armed robbery, robbery in company, assault with intent to rob.

Robbed pizza delivery man who had come to deliver pizza – punched victim in face – demanded money.
Alcohol addiction.

Sheather
(19)
NSW CCA [173]
30.6.2009

s.95 [corporal violence]

PG

3y
NPP 1y 4m

AA
2y
NPP 1y

Possess drug

With 3 cooffenders robbed taxi driver – asked taxi driver to drive to remote location – one cooffender struck victim in head with a mallet – victim did not suffer serious injuries.
Parity – juvenile cooffenders - Sentence out of proportion to sentence imposed on cooffender.

Nanai
(26)
[2010] NSWCCA 21
18.2.2010

s.95 [ABH]

PG

6y
NPP 4y 6m

AA
4y 6m
NPP 3y 4m

Agg robbery, offences violence, sexual assault

With cooffender initiated unprovoked assault upon 22 year old male victim late at night on street – pushed victim against wall and headbutted victim.
Alcohol issues.
Appeal allowed on ground guilty plea not taken into account.

Marr

(24)

NSW CCA [15]

16.2.2011

s.95 [ABH]

PG

5yNPP 3y 9m

AD

Prior custody

With co-offender robbed attendant at swimming pool – victim punched to face and head, kicked after falling and head stomped several times. Lengthy drug addiction

O’Hare

(30)

NSWCCA [252]

17.11.2011

s.95 [corporal violence]

PG

4y 10mNPP 3y 4m

AD

Manslaughter – single punch – committed further offence while on parole for manslaughter – significant prior record

Assaulted shop assistant in toy shop – threatened with gun although did not have gun – punched and kicked – stole money from cash register. Dysfunctional and violent family – drug and alcohol issues

Renshaw

(32)

NSWCCA [91]

15.5.2012

s.95 [inflict ABH]

PG

1y 10m

NPP 12m

Total sentence to date from 5.9.11 - 4.7.13.

AA

1y 10m

NPP 12m

Sentence backdated so that total sentence now ends 6 months earlier. Total sentence to date from 5.3.11 – 4.1.13.

 

Robbed service station operator – lunged at V and held V in headlock – forced V to open cash register - took $400-$700.

Alcohol addiction – remorse.

A attending strict residential rehabilitation course over 14 months - rehabilitation very successful - Appeal allowed due to failure of sentencing judge to take into account time on rehabilitation course as quasi-custody - need to take period of quasi-custody into account - backdating of commencement date of sentence

Diep

(21)

NSWCCA [39

25.2.2013

s.95 [inflict ABH]

PG

4y 9m

NPP 2y 6m

AA

4y

NPP 2y

Nil

With co-offender robbed V after seeing V collect cash winnings from poker machines at club – followed V back to his premises – grabbed V around throat and punched repeatedly to face and head – went to casino and gambled money.

Gambling addiction – good family background.

Parity with co-offender.

Trindall

(42)

NSWCCA [229]

3.10.2013

3 x s.94

s.95

5 x summary offences

PG

6y

NPP 4y

(18m concurrent for summary offences)

AD

Lengthy – includes AR – released to parole three months prior

Grabbed handbags from women – one victim fell to ground and injured

Aboriginal – difficult childhood – substance abuse