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 - Armed - Dangerous Weapon - Single - s.97(2)  

Name

Offence

Plea

Sentence

Appeal

Weapon

Record

Facts

Silver
(1999) 106 A Crim R 149

s.97(2)

PG

MT 6m
AT 2y 6m

Crown AD

Replica pistol

Assault, off language, mal damage, resist arrest - no previous custody.

With two others robbed isolated service station proprietor of $341. Held pistol to V’s head and struck V with pistol. High speed police chase.
Aboriginal – addict - seven children – remorse - good rehabilitation prospects.
MT inadequate. Special circumstances. R already at liberty for 2 months.

Atonio
NSW CCA [266]
18.8.1999

s.97(2)

PG

MT 3y
AT 2y

AA
MT 2y 6m
AT 2y 6m

Pistol and baseball bat

Nil

4 offender robbed hotel. Balaclavas. A carried baseball bat. Staff tied up and made to open safe. Removed $21,000. Extremely serious offence - considerable planning and use of force.
Supportive family; motivated to provide financial assistance to family; voluntary surrender; co-operation with authorities; contrition; good rehabilitation prospects; special circumstances.
Parity

Lee
NSW CCA [392]
10.10.2000

s.97(2) - assault with intent to rob while armed

VG

MT 6y
AT 2y

AD

firearm

 

Attempted to rob female attendant of video store - Firearm discharged in shop during struggle
Protective custody

Brown
(35)
NSW CCA [423]
13.10.2000

s.97(2)

PG

MT 8y
AT 2y

AA
8y
NPP 5y

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.
Low intellectual functioning.

Taha
(22)




Yuksel
(30)

(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

PG





PG

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.
T – drug addiction; sexually assaulted as a teenager;

Pye
NSW CCA [544]
21.12.2000

s.97(2)

VG

MT 3y
AT 2y

AD

.22 calibre hand gun, knife and baseball bat

 

Involved in home invasion and robbery of female complainant

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. Waited in car while two co-offenders entered union and fired shot into floor.
Early admissions – extensive co-operation with police – minor, passive involvement – aboriginal with deprived background – 7 weeks PSC.

Centofanti
(22)
NSW CCA [107]
26.3.2001

s.97(2)

PG

MT 3y 9m
AT 2y 3m

AA
6y
NPP 3y

shotgun

no significant priors

Led by uncle into robbing local club. Wearing balaclavas entered club by breaking rear window. Uncle held gun to staff members asking them to open safe. $280 taken.

MHH
(17y 8m)
NSW CCA [161]
18.4.2001

s.97(2)

PG

3y
NPP 2y

AD

semi-automatic pistol

minor record

In company with others parked car in way suggesting needed help. Robbed two young men who came to assist.
Assistance to authorities.

SDM
(16)
(2001) 127 A Crim R 318

s.97(2)

PG

MT 2y 3m
AT 2y 3m
(detention centre)

AD

Shotgun, golf club

insignificant

With four others robbed general store wearing balaclavas. Took $270, jewellery and cigarettes. Under influence of heroin for first time during offence. Limited involvement. Contrition. Disturbed family background.

Fitzgerald
(38)
NSW CCA [238]
25.6.2001

s.97(2)

Sched:
28 x BES
Escape

PG

MT 4y 6m
AT 3y 6m

AA
6y
NPP 3y 6m

sawn off shotgun

long

Robbed 69y female in own home - first ascertained victim alone - inflicted head injury and imprisoned victim in cupboard.
Dreadfully deprived childhood resulting in severe and chronic psychological injury and PTSD - strict protection - excellent rehabilitation.

Wahabzadah
NSW CCA [253]
29.6.2001

s.97(2)

PG

4y
NPP 3y

AA
4y
NPP 2y 3m

replica pistol

record - first time in custody

Robbed costume shop at end of late night trading where female proprietor alone - in company with co-offender.
Protective custody

Dormer
(50)
NSW CCA [263]
6.7.2001

s.97(2)

Early PG

6y
NPP 4y

AD

loaded pistol and expandable metal baton

PCA and assault

Premeditated and well planned robbery of female service station attendant taking long weekend takings to bank - committed with co-offender - V struck to ground
Wrote to V expressing remorse - depressed at time of offence - delay in sentence.

TVC
(15)
NSW CCA [325]
1.8.2002

s.97(2) Assault w/i to rob armed w/dangerous weapon

PG

4y 6m
NPP 2y

AA
3y
NPP 1y 6m

gun and knife

nil

Attempted to rob V at train station - Threatened V with knife and loaded gun - Cocked gun in front of V - Struggle led to disarming
Follower - Remorse - Good prospects of rehabilitation

Nelson
(43)
NSW CCA [463]
13.11.2002

s.97(2)

Sched:
BES
SMV
Possess cannabis resin

PG

6y
NPP 4y

AA
5y
NPP 3y 4m

double barrelled shotgun

no relevant record

Broke into home of estranged wife - Stole car and drove to hotel leaving 74g cannabis leaf in car - Attempted to rob hotel but apprehended
Serious depression at time of offence aggravated by drinking - Favourable prospects of rehabilitation - Undue weight given to general deterrence

JCM
(15)
NSW CCA [151]
28.5.2003

Att s.97(2)

VG

4y
NPP 21m

AA
3y
NPP 20m

Shortened rifle

 

Co-offender attempted to rob male at railway station armed with gun and knife – JCM acted as lookout and offered threat to V – Lesser culpability
Favourable subjective features - Parity

Peckham
(37)
NSW CCA [293]
3.10.2003

s.97(2)

Sched:
PCBI
Take & drive conveyance
Dispose stolen property

PG

8y
NPP 6y

AD

Shortened shotgun

Lengthy

Robbed female cleaner at Tavern – Discharged shot in air – Pushed cleaner in back and made threats – Stole safe – Significant planning
Aboriginal with drug addiction

Kelly
(34)
NSW CCA [317]
5.11.2003

s.97(2) Assault w/i rob whilst armed

PG

4y
NPP 2y

AD

Extendable baton

Nil relevant

Attempted to rob employee of Club – Employee struck on head
Mental illness

Pile
(21)
NSW CCA [289]
12.12.2003

s.97(2)

PG

6y
NPP 4y 6m

AA
6y
NPP 3y

Pistol

Short record

Drove car for robbery of post office - $9,000 stolen
Good work history – Drug abuse – Failure to give proper weight to rehabilitation

El-Hayek
(20)
NSW CCA [25]
27.2.2004

s.97(2)

VG

5y 4m
NPP 4y

AD

Pistol

Nil

With 2 co-offenders robbed male at night at oval
Prior good character

Sydney
NSW CCA [63]
22.3.2004

s.97(2)

Sched:
Consp to steal
2 x SMV
Possess impl
Possess false inst

PG

6y
NPP 3y

Crown AD

Shotgun

Breached bond

With co-offender robbed security guard at night – Guard tied up, kicked and threatened – mobile phones worth $161,000 stolen – Considerable planning including stealing motor vehicles
Assistance to authorities – youth – seriously affected by mother’s fatal illness

Alameddine
(18)
NSW CCA [286]
1.9.2004

s.97(2)

Sched:
15 offences

PG

7y 6m
NPP 5y 6m

AD

Firearms

Record of little relevance – breached bond

Involved in well planned robbery of firearms range by group of men – shots fired
Low intelligence

Johnson
(36)
NSW CCA [446]
8.12.2004

s.97(2)

PG

9y
NPP 6y

AA
4y 6m
NPP 2y 6m

Unloaded power head spear gun

Breached bonds

Robbed service station – apologised to V at scene
Depression resulting from major back injury – genuine remorse – good prospects of rehabilitation

Bain
NSW CCA [79]
24.3.2006

s.97(2)

VG

9y
NPP 6y 4m

AD

Shotgun

Lengthy criminal record

Robbed bank $43,500

Huynh
(19)
NSW CCA [224]
28.7.2006

s.97(2)

VG

9y
NPP 5y 6m

AD

Gun

Criminal record

Driver of car – group of males robbed grocery store – bullet fired into ceiling
Subsequently sentenced for manslaughter – bungled robbery committed three days before current offence – Vietnamese – difficult childhood

DGM
(26)
NSW CCA [296]
15.9.2006

s.97(2)

Sched:
Arson offence

VG

6y
NPP 4y 6m

AA (sentence backdated taking into account PSC only)
6y
NPP 4y 6m

Guns / knife

Minor

With three other assailants committed home invasion – Female victim ordered to open safe and hand over $275k – Young children unharmed.
Good rehabilitation.

Tilyard
(55)
NSW CCA [7]
29.1.2007

s.97(2)

VG

6y
NPP 4y 6m

AD

Loaded revolver

Record including similar offences

Robbed pharmacy with loaded revolver
Suffering brain damage as result of alcoholism

Hamied
(48)
NSW CCA [151]
8.6.2007

s.97(2) – Assault with intent to rob

PG

3y
NPP 18m

Crown AD

Replica pistol, screwdriver and baseball bat

Minor – no custody

Drove car for four offenders who attempted to rob hotel
Depression

Fepuleai
NSWCCA [325]
27.11.2007

Co-offender:
HAMEID

s.97(2) – Assault with intent to rob

PG

2y
NPP 1y
suspended sentence

Crown AA
3y
NPP 18m

Replica pistol.

 

Armed with replica pistol, entered hotel with co-offenders attempting to rob.

SL
(20)



RT
(16)


WS
(17)

NSWSC [651]
Fullerton j
27.6.2008

97(2)

Sched:
11 Rob in Co

PG

4y 9m
NPP 2y



4y 3m
NPP 2y


4y 3m
NPP 2y

 

Shotgun

Record – breached bond – breached repeatedly breached bond in past

Breached bond for drug possession offence

Nil

Robbed hotel using defective shotgun, knife and meat cleaver – patrols subjected to physical violence and threats – some pre-planning

SL – voluntarily attended police station – abusive childhood – life deteriorated after father’s death – drug addiction
RT – childhood disrupted by death of father – member of elder group of friends through brother
WS – difficulties at school led to alcohol abuse

Cook
NSW CCA [191]
27.8.2010

97(2)

Sched:
Deal with proceeds of crime

PG

8y 3m
NPP 5y

AD

Shotgun

 

Robbed club with single barrelled shotgun – threatened two females in office - stole over $18,000 from safe
Extremely disadvantaged background

Wu
(24)

NSWCCA [102]
4.5.2011

s.97(2)

 

 

Arson

s.97(1)

VG

 

 

VG

PG

4y 6m
NPP 3y

 

Total:
6y 6m
NPP 4y

AA Accumulation varied

 

Total:
5y 6m
NPP 3y

pistol

Robbery in company

With two co-offenders robbed tavern – one armed with pistol – stole $30,000 – punched manager in face – later set fire to car used in robbery – one month later robbed bar with co-offender wielding knife. Substantial rehabilitation

Couloumbis
(40)

NSWCCA [264]
11.12.2012

Conspiracy to commit s.97(2)

 

Sched:
Consp to commit s,97(2)

2 x breach AVO

PG25%

7yNPP 5y

AA5yNPP 3y 9m

Pistol

Record including drug offences

Agreed with two friends to commit armed robbery on acquaintance in his home armed with pistol – unsophisticated attempt discovered by police and postponed in numerous occasions. Long history of drug abuse

Hart
(26)

[2013] NSWCCA 13

s. 97(2) Sched: Possess restricted substance

PG

4y 6m
NPP 2y 8m

AD Taser Not relevant

Robbed service station attendant. Drug addiction

Stepanyan

(20)

NSWCCA [7]

20.2.2014

97(2)

 

Sched:

s.33 – discharge firearm

PG

10%

10y
NPP 7y

AD

Pistol

Breached conditional liberty

Robbed RSL club in company – lengthy planning included earlier casing of joint – used information from ‘inside man’ – by agreement inside man shot to avoid suspicion - $25,312 stolen – principal

Wasson

[2014] NSWCCA 95
s.97(2)

 

Sched:

False statement offence
VG 3y 9m

NPP 1y

(10% discount for assistance)
Crown AD (exercise of discretion) Small gun Old offences

With co-offender robber service station – instigator and provided gun Difficult upbringing – drug user – both mother and partner very ill

Sentence manifestly inadequate but dismissed in exercise of discretion

Wilson
(18)

 

 

 

 

Barrie
(21)

 

[2014] NSWCCA 150

s.97(2)

 

Sched:
Stealing
Acc to AR

 


s.97(2)

 

Sched:
AR

BES

Possess

PG

(10%)

 

 

 

 

PG
(25%)

8y 3m

NPP 5y 3m

 

 

 

 

9y

NPP 4y 9m

AA
7y 6m
NPP 5y 3m

 

 

 


AA
8y
NPP 4y 9m

Replica pistol / replica firearm

Significant – included BES and robbery

 

 

 

Record for lesser offences – breached two bonds

Armed robbery of bar – patrons and staff forced to floor – manager forced to office – well planned offence – one patron kicked by B

SL

(40)

[2015] NSWCCA 30

​S.97(2)​PG​4y

NPP 2y 6m

​AD​Gun​Minor drug, property offences, driving, AOABH

Employed at Club - With 2 co-offenders made plan to rob Club – provided information to co-offenders about routine of Club in order for robbery to occur – while working at Club phoned co-offenders to tell them when they could enter to obtain money –  aware gun would be used during robbery.

Assistance to authorities - history of alcohol and drug abuse.​