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

 

s.97(2) Crimes Act: Aggravated Armed Robbery with a Dangerous Weapon – Maximum 25y

Name & Age

OffencePleaSentenceAppealWeaponRecordFacts

Silver

[1999] NSWCCA 108

s.97(2)PG

MT 6m

AT 2y 6m

Crown ADReplica pistolAssault, 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

[1999] NSWCCA 266

s.97(2)PG

MT 3y

AT 2y

AA

MT 2y 6m

AT 2y 6m

Pistol and baseball batNil

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

[2000] NSWCCA 392

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

MT 6y

AT 2y

ADfirearm 

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

Protective custody

Brown

(35)

[2000] NSWCCA 423

s.97(2)PG

MT 8y

AT 2y

AA

8y

NPP 5y

baseball bat, shortened .22 calibre rifle & pocket knifeoffence 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

NSWCCA

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

[2000] NSWCCA 544

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)

[2001] NSWCCA 16

s.97(2)PG

MT 3y

AT 2y

AA

4y

NPP 2y 3m

shortened firearm and fileon 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)

[2001] NSWCCA 107

s.97(2)PG

MT 3y 9m

AT 2y 3m

AA

6y

NPP 3y

shotgunno significant priorsLed 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)

[2001] NSWCCA 161

s.97(2)PG

3y

NPP 2y

ADsemi-automatic pistolminor 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

NSWCCA

s.97(2)PG

MT 2y 3m

AT 2y 3m

(detention centre)

ADShotgun, golf clubinsignificantWith 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)

[2001] NSWCCA 238

s.97(2)

 

Sched:

28 x BES

Escape

PG

MT 4y 6m

AT 3y 6m

AA

6y

NPP 3y 6m

sawn off shotgunlong

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

[2001] NSWCCA 253

s.97(2)

PG

(20%)

4y

NPP 3y

AA

4y

NPP 2y 3m

replica pistolrecord - 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)

[2001] NSWCCA 263

s.97(2)

PG

(25%)

6y

NPP 4y

ADloaded pistol and expandable metal batonPCA 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)

[2002] NSWCCA 325

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

4y 6m

NPP 2y

AA

3y

NPP 1y 6m

gun and knifenil

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)

[2002] NSWCCA 463

s.97(2)

 

Sched:

BES

SMV

Possess cannabis resin

PG

(25%)

6y

NPP 4y

AA

5y

NPP 3y 4m

double barrelled shotgunno 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)

[2003] NSWCCA 151

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)

[2003] NSWCCA 293

​s.97(2)

 

Sched:

PCBI

Take & drive conveyance

Dispose stolen property

​PG

('full discount')

​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)

[2003] NSWCCA 317

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

4y

NPP 2y

ADExtendable batonNil relevant

Attempted to rob employee of Club – Employee struck on head

Mental illness

Pile

(21)

[2003] NSWCCA 289

s.97(2)

PG

(25%)

6y

NPP 4y 6m

AA

6y

NPP 3y

PistolShort 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)

(2004) 144 A Crim R 90

NSWCCA

s.97(2)VG

5y 4m

NPP 4y

ADPistolNil

With 2 co-offenders robbed male at night at oval

Prior good character

Sydney

[2004] NSWCCA 63

s.97(2)

 

Sched:

Consp to steal

2 x SMV

Possess impl

Possess false inst

PG

(15%)

6y

NPP 3y

Crown ADShotgunBreached 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)

[2004] NSWCCA 286

s.97(2)

 

Sched:

15 offences

PG

7y 6m

NPP 5y 6m

ADFirearmsRecord of little relevance – breached bond

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

Low intelligence

Johnson

(36)

[2004] NSWCCA 446

s.97(2)PG

9y

NPP 6y

AA

4y 6m

NPP 2y 6m

Unloaded power head spear gunBreached bonds

Robbed service station – apologised to V at scene

Depression resulting from major back injury – genuine remorse – good prospects of rehabilitation

Bain

(2006) 161 A Crim R 36

NSWCCA

s.97(2)VG

9y

NPP 6y 4m

ADShotgunLengthy criminal recordRobbed bank $43,500

Huynh

(19)

[2006] NSWCCA 224

s.97(2)VG

9y

NPP 5y 6m

ADGunCriminal 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)

[2006] NSWCCA 296

s.97(2)

 

Sched:

Arson offence

VG

6y

NPP 4y 6m

AA (sentence backdated taking into account PSC only)

6y

NPP 4y 6m

Guns / knifeMinor

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

Good rehabilitation.

Tilyard

(55)

[2007] NSWCCA 7

s.97(2)VG

6y

NPP 4y 6m

ADLoaded revolverRecord including similar offences

Robbed pharmacy with loaded revolver

Suffering brain damage as result of alcoholism

Hamied

(48)

[2007] NSWCCA 151

 

Co-offender:

FEPULEAI

s.97(2) – Assault with intent to rob

PG

(14%)

3y

NPP 18m

Crown ADReplica pistol, screwdriver and baseball batMinor – no custody

Drove car for four offenders who attempted to rob hotel

Depression

Fepuleai

[2007] NSWCCA 325

 

Co-offender:

HAMEID

s.97(2) – Assault with intent to rob

PG

(12% on appeal)

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)

 

[2008] NSWSC 651

Fullerton J

97(2)

 

Sched:

11 Rob in Co

PG

(5%)

4y 9m

NPP 2y 9m

 

 

 

4y 3m

NPP 2y 3m

 

 

4y 3m

NPP 2y 3m

 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 – patrons 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

 

Co-offender – II – sentenced for rob in company

Cook

[2010] NSWCCA 191

97(2)

 

Sched:

Deal with proceeds of crime

PG

(17.5%)

8y 3m

NPP 5y

 

ADShotgun 

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

Extremely disadvantaged background -

Wu

(24)

NSWCCA

(2011) 211 A Crim R 88

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

pistolRobbery 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)

[2012] nswcca 264

Conspiracy to commit s.97(2)

 

Sched:

Consp to commit s,97(2)

2 x breach AVO

PG

(25%)

7y

NPP 5y

AA

5y

NPP 3y 9m

PistolRecord 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

(25%)

4y 6m

NPP 2y 8m

ADTaserNot relevant.

Robbed service station attendant.

Drug addiction.

Stepanyan

(20)

[2014] NSWCCA 7

s.97(2)

 

Sched:

s.33 – discharge firearm

PG

(10%)

10y

NPP 7y

ADPistolBreached conditional libertyRobbed 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 gunOld 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

(50% plea and assist)

4y

NPP 2y 6m

ADGunminor drug, property offences, driving, AOABH

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

Assistance to authorities - history of alcohol and drug abuse.

Davies

[2015] NSWCCA 224

s.97(2) – assault with intent

PG

(10%)

3y 6m

NPP 2y

ADPistolNil

Driver for two co-offenders who threatened male occupant of house with gun – left when they realised wrong address

Good prospects of rehabilitation - young

Baleiovalau

(24 at offence – 34 at sentence)

[2015] NSWCCA 305

s.97(2)VG

5y

NPP 3y

AA

5y

NPP 2y

(increased concurrence to existing sentence by 12m)

Pistol

Sledge-hammer

Lengthy record for AR both before and after offence – breached conditional liberty

2004 – robbed bank with two other men – unarmed but aware of presence of weapons – pistol discharged causing minor injury – left without money – significant planning – mid-range seriousness

Fijian – institutionalised

Totality excessive

Hudson

(34)

[2016] NSWCCA 30

s.97(2)VG

10y

NPP 7y

ADshotgunsRobbery, violence, firearms

Robbed bowling club of money with 2 cooffenders – smashed through doors wearing disguises and armed with shotguns -  planned robbery with cooffender who was an employee of the club.

Recidivist violent offender – troubled upbringing

Ingrey

(22)

[2016] NSWCCA 31

s.97(2)VG

10y

NPP 6y

AA

9y

NPP 5y

shotgunLengthy. Driving, violence, B&E, assault, drugs.  On parole.  Further offences committed.

With co-offender attempted to rob hotel – cooffender armed with sawn-off shotgun – one patron was struck to head by cooffender during struggle – A chased by patrons and escaped.

Aboriginal background – alcohol and drug abuse from young age - extended family were involved in criminal milieu and A from a young age was exposed to that influence

Hetherington

(60)

[2016] NSWCCA 165

s.97(2)

PG

(25%)

Intensive Correction Order

2 years

Crown AA

3y

NPP 1y 6m

PistolNo offences committed within last 30 years.

A entered short term loans office concealing loaded semi-automatic  pistol in working order -  A produced pistol, demanded $5,000 cash - pointed pistol at staff member - staff provided $7,500.

Difficult background – cannabis use - offence committed to repay large drug debt.

 

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