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 - With Wounding - s.98  

s.98 Armed robbery / Robbery in company with wounding / inflict GBH (25y)
Standard Non-Parole Period – 7 years (offences committed on or after 1.2.2003) 
 

Case

Offence

Plea

Sentence

Appeal

Weapon

Record

Facts 

Hamlin
(23)

NSW CCA
5.5.1997

s.98 (AR/W)

s.97 (AR)

VG

MT 8y 8m
AT 3y

AA
MT 8y 4m
AT 3y 4m

sawn-off shotgun

includes AR

With co-offenders robbed husband and wife in own home – Threats to female victim while armed (AR) - Male victim severely beaten by co-offender (AR/W) - Armed with gun - Baby in house

No good prospects of rehabilitation - Committed further offences while on bail

FQ
(14)

NSW CCA
17.6.1998

s.98 (AR/W)

PG

Griffiths remand

Crown AA
MT 18m
AT 12m

(detention centre)

knife

property offences - on bond

Robbed service station with co-offender armed with knife - operator pushed, hit about the head and dragged to storage area - received head wound

Refugees from Afghan civil war

Baker
(33)

NSW CCA [277]

9.9.1999

s.98 (AR/W)

VG

MT 2y 3m
AT 9m

AD

knife

lengthy record

Approached male acquaintance on railway station with co-offender - stabbed victim in buttock - stole methadone

Pham
(21)

NSW CCA [362]

29.10.1999

s.98 (Rob in Co/W)

s.97 (Rob in Co)

PG

MT 4y 6m
AT 18m

AA
MT 3y 9m
AT 2y 3m

 

assault, SMV

Group of offenders set up meeting with V - Ambushed V in car and took him to park - Assaulted and robbed (s98) - Took V to mother-in-law’s house - Tied up and robbed occupant (s97)

Campbell
(27)

NSW CCA [157]
3.5.2000

s.98 (AR/W)

PG

MT 4y 6m
AT 2y

Crown AA
MT 5y 6m

AT 2y

loaded shot gun

lengthy record - most juvenile - violence

Female co-offender approached V at home asking to use phone due to car breaking down – Offender at door threatened V with shot gun and tied him up - Fired at second V through closed door striking him with pellets.

Application of guideline judgment R v Henry

London
(26)

NSW CCA [165]
5.5.2000

2 x s98
(Att AR/W; AR/W)

 

Sched:
22 offences including AR x 5

PG

MT 12y
AT 4y

AD

loaded gun

lengthy

Robbed second hand dealer’s shop and shot owner in leg - Robbed hotel and shot manager in arm.

Stuart
(30)

NSW CCA [145]
4.4.2001

s.98 (Rob in Co/ GBH)

PG

MT 3y 6m
AT 2y 6m

AD

shotgun

lengthy

Driver of getaway car - Robbery of Chinese restaurant – V’s cheek fractured by butt of shotgun - Induced by father to be involved

Smith
(20)

NSW CCA [152]
20.4.2001

s.98 (AR/W)

PG

3y
NPP 18m

Crown AD

knife

nil

Robbed prostitute in presence of co-offender in car - intended to scare her with use of knife – V panicked and struggle was cut - left in remote area

Remorse - volunteered guilt - young wife and child - impeccable character - youth - excellent prospects of rehabilitation

Donnelly
(26)

NSW CCA [394]
5.10.2001

s.98 (AR/W)

VG

MT 5y 6m
AT 2y 6m

AD

baseball bat

priors

Robbed victim using baseball bat – V assaulted to head

Aboriginal

Wate
(19)

NSW CCA [474]
19.11.2001

s.98 (Rob in Co/W)

 

Sched:
8 x offences

PG

8y
NPP 4y

AA
Only to backdate sentence to take into account PSC.

knife

priors

Robbed taxi driver with 2 co-offenders - Co-offender threatened to kill driver and stabbed him several times - A had arm around V’s neck

Noonan

NSW CCA [150]
1.5.2002

s.98 (AR/W)

VG

8y 6m
NPP 5y 6m

Conviction AD

replica sawn-off shotgun and hammer

 

Broke into house with de facto wife and demanded money - During struggle V shot in head

JJM

NSW CCA [71] 17.3.2004

s.98 (AR/W)

PG

5y NPP 3y

AA
4y
NPP 2y

Knife, toy gun

Traffic, no previous custody

Waited at door while co-offender threatened female shop attendant with knife and demanded money – V received lacerations to hand – Offenders took $294 – Went to hospital and confessed to offence short time later.

Schizophrenia – Early surrender – Need for long term rehabilitation.

Fidow

NSW CCA [172]
19.5.2004

s.98 (Rob in Co/ GBH)

 

Sched:
7 dishonesty offences

Late PG

11y
NPP 8y

AD

 

 

Involved in carefully planned robbery of service station owner – V’s car deliberately rammed while transporting takings to bank – V violently assaulted resulting in severe and permanent brain damage.

Top of range criminality – Not primary offender.

P
(17)

NSW CCA [218]
30.6.2004

s.98 (AR/W)
AR

 

Sched
3 related rob off

PG

11y
NPP 6y

AA
7y 3m
NPP 4y

Meat cleaver

Record for robbery in company

Offences committed after 1.2.2003

In company with co-offenders robbed strangers on street – V1 slashed with meat cleaver causing laceration to chin and wrist – V2 knocked unconscious by co-offender

Exceptionally high level of alcohol dependence – Prospects of rehabilitation

Amohanga

(27)

 

 

 

Rai
(19/20)

 

(2005) 155 A Crim R 202

s.98 (AR/GBH)

 

Sched:
s.98

 

s.98 (AR/W)

s.94

PG

10y
NPP 6y

 

 

 


AR/W
10y
NPP 6y

Total:
11y
NPP 7y

Crown AA
12y
NPP 8y 6m

 

 

AR/W
11y
NPP 8y

Total:
13y
NPP 10y

Iron bar

Tyre lever

Significant
(breach of bail)

 

 


Significant

V engaged 2 prostitutes, one of whom was A’s girlfriend – agreement that they would steal V’s wallet – bashed V, crushing his skull and leaving him in a coma and permanently disabled – worst offence

A: dysfunctional upbringing – average intelligence – heroin – some rehabilitation

R: poor literacy and low intellect – drug use – psychosis – some rehabilitation

Mason
(18)

NSW CCA [403]
17.10.2005

s.98 (AR/W)

 

Sched:
s.97
s.98

PG

8y 6m
NPP 6y

AD

Knife

 

SNPP 7 years

Robbed taxi driver and locked him in boot – Robbed male bystander investigating noise from taxi – wounded complainant on face with knife – Robbed 17y male and assaulted him with beer bottle – All offences committed in company

Aboriginal with traumatic childhood - intoxicated

Misiepo

(22)

NSW CCA [405]

24.11.2005

s.98 (AR/W)

 

Sched:

Possess cannabis

Receiving

PG

4y 9m

NPP 3y

Crown AD

(errors established but exercise of discretion)

Gun

Extensive

SNPP 7 years

Three men robbed male acquaintance at pre-arranged meeting – Victim shot in arm / chest – leader of group

Disturbed and traumatic childhood – 2 young children

Truong

(21)

NSW CCA [71]

30.3.2006

Assault w/i to Rob while Armed causing GBH

 

AR causing wounding

 

3x s97

PG

Total

8y 9m

NPP 5y 9m

AA

Total

8y 3m

NPP 5y 3m

Knife,

Metal pole

Minor. On bond at time of offences.

SNPP 7 years

With co-offender committed robberies upon taxi drivers – cut victim with knife during struggle – hit victim with metal pole.

Heroin addiction – supportive family.

Assistance to police – protective custody.

Sternbeck

(37)

NSW CCA [132]

18.5.2006

AR causing GBH

 

s.97(1)

 

Sched:

2 x s.95

s.97(1)

PG

9y

NPP 6y

 

Total

11y

NPP 7y 6m

AD

Knife

Double barrelled shotgun

Gun

Priors – not as serious

SNPP 7 years

Robbed retail shops - female shop assistants threatened and tied up – one victim seriously injured by assault- under influence of crystal methylamphetamine

McArthur

(27)

NSW CCA [200]

23.6.2006

AR causing GBH

PG

12y

NPP 9y

AD

Metal bar

Breached parole

SNPP 7 years

Struck male stranger at station with metal bar – catastrophic injuries – stole phone

“He found that it appears that the plates inserted in the victim's face could not now be removed without risking further nerve damage. He has great discomfort in the left eye which constantly waters, has broken teeth and sinus difficulties. He suffers nightmares, sleep deprivation and a loss of confidence particularly about going out in the evening. He has had difficulty in obtaining and holding a job which has, in its turn, brought a loss of independence.”

AS

(14)

NSWCCA [309]

22.9.2006

Assault w/i to Rob while Armed causing GBH

 

s.94

Mal wound

Assault police

 

Sched:

7 offences

PG

3y 6m

NPP 2y

 

Total:

4y 3m

NPP 2y 9m

Crown AA

4y

NPP 3y

 

Total:

4y 9m

NPP 3y 9m

knife

Breached bail

SNPP 7 years

Attempted to rob 64y female – stabbed in back causing permanent paralysis – grabbed handbag of second victim in separate incident – stabbed male shop manager in back during argument

Henry

(35)

NSW CCA [90]

2.4.2007

Assault w/i to Rob while Armed causing Wounding

 

Assault

Custody of offen implement

PG

4y

NPP 3y

(concurrent sentences)

Crown AA

6y 9m

NPP 4y 6m

Knife

Breached parole for AR – other offences on record

SNPP 7 years

Robbed jewellery shop – stabbed owner in cheek – mid range offence

History of mental illness – under influence of ice and amphetamines

Can

(40)

NSW CCA [176]

27.6.2007

Rob in Co with Wounding

VG

8y 6m

NPP 5y 6m

AD

Iron bar / handgun

AR

With co-offender robbed diamond valuer – million dollars worth of diamonds stolen – complainant tied up, assaulted and threatened – principal offender

Witchard

(18)

NSWCCA [167]

19.6.2007

Assault w/i to Rob with Wounding

 

s.97(1)

3 summary offences

PG

3y 6m

NPP 18m

(identical concurrent sentence)

Crown AA

4y

NPP 2y

 

Total:

5y

NPP 3y

bottle

Breached bail for assault on girlfriend

SNPP 7 years

With co-offenders assaulted males waiting at train station in early hours of morning – punched victims – hit one victim over head with bottle

Aboriginal – drug and alcohol problems

Krishna

NSW CCA [318]

23.11.2007

AR with wounding

VG

9y 4m

NPP 7y

AD

Meat cleaver

 

SNPP 7 years

In company robbed male in hotel room – complainant lured to room by female – planned offence – struck on head with meat cleaver by offender

PB

(17)

NSW CCA [109]

26.5.2008

AR with wounding

PG

4y

NPP 22m

Crown AA

6y 9m

NPP 3y 3m

Knife

On bond for robbery offences.

SNPP 7 years

Victim was sitting in vehicle – Offender and friends passing by – Victim told group not to bump vehicle – Argument ensued – Offender punched and then stabbed victim with knife that victim had in his trouser leg for work purposes

Aboriginal with difficult childhood

TM

(14)

NSWCCA [158]

14.7.2008

Assault w/i to Rob while Armed causing Wounding

 

s.111(3)

AOABH

Assault

PG

8y

NPP 4y 6m

(concurrent)

AA

6y 9m

NPP 3y 6m

(concurrent)

Knife – meat cleaver

On bail for rob in company – otherwise limited record

SNPP 7 years

Entered house with elder brother – woman and five children threatened with knife and meat cleaver – mother and one son injured

JJM

(17)

NSWCCA [180]

6.8.2008

Assault w/i to Rob while Armed causing Wounding

 

2 x AR

 

Sched:

4 Rob Offences

PG

7y

NPP 3y 3m 7d

 

Total:

8y

NPP 4y 3m 7y

AD

Machete

Breached bonds

SNPP 7 years

Member of group of youths involved in robberies – assaulted and robbed young men searching for golf balls on golf course – robbed take away shop and pizza shop armed with machete – attempted to rob convenience store armed with machete – staff member suffered serious laceration of hand severing fingers

NPP structured to expire at 21st birthday

PMW

(16)

NSW CCA [34]

11.2.2009

Rob in Co with Wounding

PG

7y

NPP 3y 6m

AA

5y 6m

NPP 2y 9m

Knife

Priors

SNPP 7 years

Robbed pizza delivery man with co-offender – struck V with metal pole – co-offender stabbed V in leg – stole mobile phone from car – upper level of seriousness

Aboriginal – full admissions – mental health problems - parity

TJ

(13)

NSW CCA [99]

8.4.2009

Rob in Co inflicting GBH

PG

21m

NPP 6m

AD

Assault

Minor

SNPP 7 years

Female – three offenders robbed 19y female at train station – punched, dragged and kicked V to head – broken jaw – impulsive offence

Intoxicated – difficult childhood after death of mother – evidence of rehabilitation

SS

(15)

 

 

 

 

 

 

 

 

 

 

JC

(17)

 

NSW CCA [114]

23.4.2009

2 x Rob in Company with Wounding

 

2 x Rob in Co

AR

 

Sched:

6 offences (including 3 Rob in Co offences)

 

2 x Rob in Co

AR

 

Sched:

4 rob offences

PG

 

 

 

 

 

 

 

 

 

 

 

PG

6y

NPP 4y

 

Total:

7y

NPP 5y

 

 

 

 

 

 

4y 3m

NPP 2y 3m

AA

6y

NPP 3y 8m

 

Total:

7y

NPP 4y 8m

 

 

 

 

 

AD

Crowbar and baseball bat

Breached bond for malicious damage

 

 

 

 

 

 

 

 

 

nil

SNPP 7 years

Both offenders involved in gang – became involved in robberies after threats – robbery of service stations and liquor stores in company with others – shop assistants assaulted

s.98(1) offences – both offenders robbed service stations armed with crowbar and baseball bat – two shop assistants assaulted with weapons and seriously injured

SS – disrupted childhood – poor schooling record – early alcohol and drug abuse – good progress towards rehabilitation

JC – assistance to authorities – physically abused as a child – early drug and alcohol abuse – remorse – good prospects of rehabilitation

JW

(15)

NSW CCA [49]

22.3.2010

 

 

Co offender:

JC

AR with Wounding

 

Attempt AR with Wounding

PG

2y suspended

80h CSO

Crown AA

2y 7m (suspended)

Knife

Nil

Group of three youths assaulted and robbed male outside train station – threatened with knife – money stolen – fingers cut in defensive action – shortly later pursued two men down street to house – one male cut finger in struggle – nothing stolen – lesser participant

Intellectual disabilities – trouble free in 18m since arrest – good prospects of rehabilitation – remorse – difficult childhood with domestic violence and sexual abuse

JC

(15)

NSW CCA [67]

13.4.2010

 

 

Co-offender:
JW

AR with Wounding

 

Attempt AR with Wounding

PG

3y 6m

NPP 1y 6m

AA

3y

NPP 1y 3m

Knife

Nil

Group of three youths assaulted and robbed male outside train station – threatened with knife – money stolen – fingers cut in defensive action – shortly later pursued two men down street to house – one male cut finger in struggle – nothing stolen

No disparity in sentences due to different subjective circumstances – SJ erred in applying SNPP to juvenile – some evidence of post-sentence rehabilitation

MJ

(17)

 

CPD

(17)

 

NSW CCA [52]

23.4.2010

Rob in Co inflicting GBH

PG

3y

NPP 2y

AD

Hammer

Nil

 

 

Driving offences

Three offender assaulted 25y old male waiting for taxi – punched, kicked and struck with hammer - victim suffered two jaw fractures – number of blows to body - mobile phone and keys stolen

Intoxicated – early drug abuse

HMP

(16)

NSWCCA 63

23.4.2010

Rob in Co inflicting GBH

 

Rob in Co

 

Sched:

2 x robbery offences

PG

4y 6m

NPP 2y 6m

 

FT 2y (concurrent)

AD

 

Record – breached bail

SNPP 7 years

Female involved in robbery or attempted to robbery of four pedestrians with other offenders – did not assault any victim herself – last victim received serious injuries including broken wrist

Neglected childhood – long history of drug abuse

AE

(15)

NSW CCA [203]

10.9.2010

Rob in Co with Wounding

 

PG

5y

NPP 3y

AA

5y

NPP 2y 6m

Knife

 

With group attacked and robbed male victim – A stabbed V causing wounds to legs.

SJ erred in taking into account SNPP as guidepost when SNPP did not apply – sentence excessive given A’s youth.

Special circumstances – first time custody – need for lengthy supervision

Paterson

(21)

NSWCCA [233] 14.10.2010

Assault w/i to Rob while Armed causing Wounding

 

s.97(1)

 

Sched:

BES

PG

5y

NPP 2y

 

(partially concurrent)

 

Total:

6y

NPP 3y

Crown AD

Knife

Breached conditional liberty - lengthy

SNPP 7 years

Broke into bottle shop and stole alcohol – robbed bakery armed with knife – attempted to rob taxi driver armed with knife – victim cut on arm during struggle

Prospects of rehabilitation – drug addiction

Santo

(34)

NSWCCA [156]

14.7.2011

AR with Wounding

 

 

s.33(1)(a)

VG

13y

NPP 9y 9m

 

(identical concurrent sentence)

AD

Smashed bottle

Includes robbery – breached bail for robbery in company offence

SNPP 7 years

Female went home with 84y male victim met in bar – offered massage – smashed bottle of vodka and stabbed victim in neck and back and smothered with pillow – stole property and left – above mid-range

Mi Mankaryous

(20)

 

 

 

Me Mankaryous

(26)

 

NSW CCA [158]

20.7.2011

Rob in Co with Wounding

s.97(2)

PG

4y

NPP 2y 5m

 

 

 

4y

NPP 1y 5m

Crown AA

6y

NPP 2y 5m

 

 

5y

NPP 1y 5m

 

Record including assault – breached bond – prison offences

 

Common assault

SNPP 7 years

Brothers forced entry into victim’s unit – male victim threatened with imitation pistol – female victim punched to face by first offender and kicked in head by second offender – offenders took clothes belonging to sister-in-law and additional property – made threats – degree of planning – close to mid range of seriousness

Evidence of rehabilitation – imminent release to parole

KG

(17)

NSWCCA [10]

6.2.2012

Assault w/i to Rob in Co with Wounding

PG

(25%)

3y 4m 15d

NPP 2y 9d

AA

2y 6m

NPP 18m

 

 

Four people involved in plan to rob drug dealer – offender and one other entered house – offender armed with hunting knife – co-offender armed with loaded gun – three shots fired – occupant received flesh wound

Young and easily led by other co-offenders

Isaako

(19)

NSWCCA [115]

6.6.2012

Rob in Co causing GBH

 

s.95

PG

(25%)

 

15y

NPP 10y

 

11y

NPP 6y

 

Total:

19y

NPP 14y

AA

15y

NPP 10y

 

8y

NPP 4y

 

Total:

16y

NPP 12y

 

nil

SNPP 7 years

With co-offender attacked male walking home in early hours of morning – struck to head numerous times and stabbed in head – left in critical condition – serious and permanent injuries – 11 days later robbed male walking to train station – punched victim until unconscious

No appeal against s.98 sentence – low intellectual functioning

Qian

(19)

NSWCCA [283]

20.12.2012

2 x s.98

(AR causing GBH

AR causing wound)

 

2 x s.97(1)

s.86(2)

 

Sched:

3 x dishonesty offences

PG

(25%)

Total:

12y

NPP 8y

AD

Knife

Nil

SNPP 7 years Offences committed over two months - With co-offender robbed male walking home at night – stabbed in stomach – struggles over knife and backpack

With second co-offender robbed brothel armed with knife – female and male customer forced into bedroom – bound by hands and feet and tape over eyes and mouth – female struck to head – credit card stolen and money removed from ATM – male struck to head with hammer – stole car and personal belongings

With same co-offender fobbed convenience store – tied up female and placed tape over eyes – airway obstructed

All offences planned

Chinese national - drug user and under malign influence of older male at time of offences – evidence of rehabilitation when arrested two years later - remorse

Gavin

(53)

NSWCCA [99]

6.5.2013

s. 98

PG

9y

NPP 6y

AD

Iron bar and knife

Lengthy including violence. On bail.

SNPP 7 years

Robbed housemate of $15, ATM card and mobile phone – entered V’s room and woke V up – demanded money and when V refused, struck V with bar and stabbed V once in foot – tied V up and left V drifting in and out of consciousness – V suffered wounds, fractured ribs and fingers.

Dysfunctional upbringing – drug use.

Ith

(25)

NSWCCA [280]

18.11.2013

 

s.98

Possess knife

VG

 

9y

NPP 6y

AD

Knife

Breached parole for armed robbery offences

SNPP 7 years Followed male victim from hotel onto street – robbed victim in company using knife – assaulted by offender – injury to eye – robbed of poker machine winnings and other money

Brown

NSWCCA [309]

9.12.2013

s.98

PG

7y

NPP 4y 6m

AD

 

 

SNPP 7 years

With co-offender attacked V- plan to rob someone to get money to buy drugs – robbed V of wallet and cards – obtained PIN number and attempted to obtain cash – kicked and punched V and made threats – V suffered various injuries – significantly above mid-range objective seriousness.

Sio

(21)

NSWSC [1872]

Adamson J

13.12.2013

s.98

VG

10y

NPP 7y 6m

 

Knife

Minor – insignificant

SNPP 7 years

Mastermind of planned robbery of brothel – armed co-offender with knife and waited in car – considerable planning – above mid-range

AH

(17)

 

DH
(16)

 

[2014] NSWCCA 326

​s.98

 

Sched:
AR

Enter dwelling with intent to commit serious offence

​PG

(15%)

 

PG

(25%)

​3y 6m

NPP 1y 9m

 

3y 9m
NPP 1y 10m 15d

​Crown AD​Baseball bat

 

 

Knife

​Limited

 

 

Significant – breached bond

Home invasion of four offenders – AH stood look out – DH held knife to throats of female occupant – male occupant severely assaulted by another offender causing life threatening injuries

Bosnian brothers – exposed to ethnically based civil war as children – father and AH suffered PTSD – exceptional evidence of rehabilitation

Discussion as to limited role of Crown appeals