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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 - s.94  

14 years maximum   

CaseOffencesPleaSentenceAppealRecordFacts

Forrest

(25)

 

Legge

(female)

(33)

 

NSWCCA

26.3.1997

s.94 (ass w/i rob)

 

s.94

 

Sched:

Ass w/i rob

PG

 

 

PG

MT 2y

AT 2y 3m

 

MT 3y

AT 18m

AD

 

 

AD

property offences

 

 

property, violence and drug offences

F drove victim in car to bushland - L demanded money from victim with knife - Victim assaulted

Green

(29)

NSWCCA

29.9.1997

s.94PG

MT 3y

AT 3y

AA

MT 2y

AT 2y

assault, property, firearm and driving offences

Robbed bank dressed in beanie, sunglasses and gloves.

Significant ,mental illness subsequent to sentence.

Johns

NSWCCA

27.4.1998

s.94 (ass w/I rob)PG

MT 3y

AT 2y

ADYes, although details not stated.  Serving sentence for unrelated offence.With cooffenders, attended victim's home demanding cannabis or money – Victim struck and kicked by co-offenders.

Morgan

(28)

NSWCCA

24.6.1998

s.94

 

Sched:

2 offences

PG

MT 2y 6m

AT 2y 6m

ADproperty and other offencesDragged woman from car in car park and stole handbag - Threatened victim - Waited while victim called for help then left with handbag - Intoxicated

Ernst

[1999] NSWCCA 84

s.94 (ass w/I rob)PG

MT 3y

AT 1y

AA

MT 2y 3m

AT 9m

Not stated.

Intoxicated – Followed woman home from train and struck her a number of times with beer bottle - Took victim's handbag.

Protective custody taken into account.

Perrett

[1999] NSWCCA 115

s.94PG3y GBBCrown ADnil

Robbed pizza delivery man with co-offender - Stood to one side holding cricket bat

Remorse - Repaid all money - Exceptional circumstances

McKendrick

[1999] NSWCCA 87

s.94 (Acc before the fact)VG

MT 2y

AT 8m

AA

MT 1y 6m

AT 6m

nil significant

Manager of petrol station - Provided information to co-offenders - Co-offenders robbed employee on way to bank

Parity - Long delay

Fraser

  1.  
    [1999] NSWCCA 212

s.94

 

Sched:

Possess cannabis

PG

MT 12m

AT 18m

AA

MT 9m

AT 21m

motor vehicle offences

Robbed pharmacy with co-offender - waited until no customers in shop

Remorse - Unhappy and violent childhood - Left home early - Evidence of rehabilitation - Special circumstances

Reynolds

[1999] NSWCCA 238

2 x s.94PG

MT 2y

AT 2y

ADstealing, assault, drug offences, BES - breached recognisance and periodic detention order

Robbed shops on two occasions, struggling with shopkeepers - first victim injured on back and arm - second victim punched in face

Drug addiction

Morris

(22)

[1999] NSWCCA 252

s.94

 

Sched:

BES

PG

MT 2y 3m

AT 1y 9m

ADLengthy record including AR - breached bail

Threatened victim in telephone booth and snatched wallet.

Drug addiction - Special circumstances

Toritto

(39)

[1999] NSWCCA 288

s.94

s.94 (ass w/i rob)

 

Sched:

4 x offences

PG

MT 3y

AT 1y

ADprior convictions - breached parole and bail

Grabbed gold chain from neck of victim from behind - Attempted to snatch bag from second victim - Struggled with victim but unsuccessful - Both victims female

Drug addiction

Sweetman

(36)

[2000] NSWCCA 228

s.94PG

MT 12m

AT 18m

ADprior convictions

Went behind counter in store with hand under shirt - Took money and left

Intoxicated - Remorse - Spontaneous

Leonard

(33)

[2000] NSWCCA 318

s.94VG

MT 3y

AT 12m

AA

4y

NPP 2y

prior convictions

Struggled with 86y female and stole groceries and purse - Most serious case

Aboriginal with alcohol problems - Psychiatric difficulties - Assault in gaol - Special circumstances.

Lennox

(39)

[2000] NSWCCA 449

s.94 (ass w/I rob)

 

Sched:

Possess HB imp

PG

MT 4y

AT 12m

ADappalling criminal record - breached parole - released from custody 4 days earlier

Attempted to steal purse from female who had just withdrawn money from ATM - In struggle victim fell to ground

Drug addiction

Burke

(35)

[2000] NSWCCA 450

s.94VG

3y 6m

NPP 18m

Crown ADlengthy record including violence - on parole for murder

Robbed bank of $3,000 - Dressed in sunglasses, cap and stocking over head

Anti-social and schizoid elements in personality

Binnie

(38)

[2000] NSWCCA 483

s.94PG

MT 6y 9m

AT 2y 3m

AA

7y

NPP 4y

lengthy record - breached paroleRobbed post office of $1,000

Symiziris

(31)

[2001] NSWCCA 38

s.94

 

Sched:

Receiving

PGFT 2y

AA

2y

NPP 16m

drug, driving and property offences

Robbed video store of $600

Evidence of rehabilitation - Disabilities caused from car accident

Ward

(34)

[2001] NSWCCA 141

s.94PG

3y 6m

NPP 2y

ADproperty, violence and driving offences

Attempted to snatch bag from 74y female - Threatened to kick - Victim fell to ground in struggle

Drug addiction - Some evidence of rehabilitation

Warman

(32)

[2001] NSWCCA 147

s.94

 

Sched:

Multiple offences

PG

7y

NPP 4y

ADlengthy record - breached parole

Followed owner of service station home after he closed up - Grabbed victim by shirt then stole briefcase with days takings.

Remorse - Personality disorder - Evidence of attempted rehabilitation - Drug addiction

Jarman

(30)

[2001] NSWCCA 178

s.94

 

Sched:

BES

PG

MT 3y 6m

AT 2y 6m

AA

6y

NPP 2y 9m

lengthy record - breached bail and parole for robbery

Robbed bank of $1,670 - Told teller he had a gun

Co-operated with police - Genuine attempt to overcome addiction

Mannering

(39)

[2001] NSWCCA 275

s.94

PG

(15% on appeal)

5y

NPP 3y

AA

3y 6m

NPP 2y 3m

lengthy record although no imprisonment

Asked 69y female shop keeper for cigarettes then sprayed victim with capsicum spray - Stole money

Heroin addiction - Remorse - Attempts at rehabilitation - Coping with death of mother

Rudenko

(24)

[2001] NSWCCA 519

s.94

 

Sched:

2 x drug offences

PG

(15%)

3y 5m

NPP 2y 6m

ADdishonesty offences - breached bond

Robbed TAB employee of $7,926 in briefcase attached to her arm - Showed victim federal police badge, pushed her away and used pliers to cut chain

Drug addiction

Andrews

(35)

[2002] NSWCCA 18

2 x s.94 (P2)

 

4 x s.94 (Acc after fact)

PG

4y 6m

NPP 2y

AA

3y 6m

NPP 18m

property, violence and driving offences

Female - Driver of vehicle used by de facto and another to commit robberies on retail outlets - Accompanied by children on several occasions

Influenced by co-offender - Good prospects of rehabilitation

Hoadley

(28)

[2002] NSWCCA 39

s.94PG

2y

NPP 18m

ADlengthy record

Followed victim after ATM transaction - Knocked victim to ground and took mobile phone

Some prospects of rehabilitation

Christian

(43)

[2002] NSWCCA 264

2 x s.94

 

Sched:

s.94

Demand money w/i to steal

PG

3y 2m

NPP 2y

Crown AA

4y

NPP 2y

very lengthy record - breached parole

Robbed TAB agency pretending to be armed with gun - 3 days later robbed video store in same circumstances - Schedule offences involved TAB agencies

Aboriginal with drug addiction - Depressive illness responding to treatment

Ingram

(21)

[2002] NSWCCA 398

s.94

 

Sched:

3 x Obtain money by deception

BES

PG

(12-15%)

3y 6m

NPP 18m

AA

3y

NPP 15m

driving, minor drug and shoplifting offences - serving bond and imprisonment

Snatched bag from 75y lady on street - Violently shook bag and caused victim to fall - Spontaneous

Genuine remorse - Drug addiction - Evidence of rehabilitation - Borderline personality disorder - Need for extensive counselling - Fresh evidence as to protective custody status

Marinos

[2003] NSWCCA 136

s.94

PG

(25%)

2y 3m

NPP 15m

AA

2y 3m

NPP 9m

Minor record

Snatched bag from 56y woman on street.

Drug addiction – Some steps towards rehabilitation

Eid

(26)

[2003] NSWCCA 211

s.94PG

4y

NPP 3y

AA

4y

NPP 2y 8m

Significant record including armed robbery – on parole

Approached stationary vehicle at lights and forced victim from car – Stole car – Drug debt

Prospects of rehabilitation from long-term drug addiction

Penalosa-Munoz

(24)

(2004) 143 A Crim R 594

NSWCCA

s.94

PG

(80% for plea and Ellis)

18m

NPP 1m

Crown ADNil

Robbed complainant at ATM – threat to kill if went to police

Colombian with turbulent and violent background – Voluntary confession – Genuine contrition – Prior good character – Excellent prospects of rehabilitation – HIV - delay

Gibbs

(18)

[2004] NSWCCA 399

s.94PG

3y

NPP 16m

ADBreached control order for agg robbery

Grabbed bag from victim standing at railway – impulsive – low level of violence

Seriously dysfunctional childhood including violence and disadvantage – Borderline intelligence – Drug and alcohol abuse - Aboriginal

Muscat

[2006] NSWCCA 259

s.94

PG

(20%)

18m

NPP 9m

PD

Crown ADNot significant

Involved in robbery of shop employee taking money to bank – provided inside information to co-offender – lesser offender

Good character – good prospects of rehabilitation

Daniels

[2007] NSWCCA 372

s.94PG

4y

NPP 2y

ADLengthyEntered university cafeteria - threatened manager and took $2480.

Kokaua

(21)

[2008] NSWCCA 111

s.94 – assault w/I robPG

3y 6m

NPP 1y 9m

ADyes

Assaulted victim in park – Put hand in victim's pocket – Allegedly also took victim's dog.

Mental health issues - schizophrenia type symptoms- Need for close supervision – Special circumstances.

Pace

(27)

[2008] NSWCCA 233

2 x s.94

Att s.94

PG

3y 1m

NPP 13m

Crown ADRecord – Breached bail and parole

Robbed convenience store using death threats – One month later attempted to rob convenience store with stocking over head – robbed fast food shop - attempted to rob third store but detained by security guards

Admissions to police - Schizophrenic

Devine

[2009] NSWCCA 261

s.94

PG

(25% on appeal)

2y

NPP 18m

AA

18m

NPP 12m

Breached drug court suspension order – extensive criminal record

Stole money and possessions from acquaintance in shop

Drug addiction

Darby

(31)

[2011] NSWCCA 52

s.94 – assault w/I rob

 

Sched:

Act w/i pervert course of justice

PG

(15%)

500h CSO with conditionsCrown ADDishonesty offences – demand money with menaces

Half brother attempted to rob appellant's male employer at take away food shop – struck victim to head with claw hammer – provided co-offender with information – became aware of hammer at last minute – drove co-offender from scene – asked friend to provide false alibi – breach of trust – low range

Difficult childhood – early drug addiction – under negative influence of half brother – some rehabilitation since offence – remorse – true 'crossroads' case

Osborne

(27)

[2011] NSWCCA 112

6 x s.94PG

6y 6m

MPP 4y

ADLengthy.  Violence, dishonesty.  On bail.

Robbed building societies – approached tellers in threatening manner and demanded money – obtained approx $14k – a lot spent on household expenses.

Some evidence of gambling issues - Mental health.

Special circumstances – first time in substantial custody.

Taha

[2011] NSWCCA 137

s.94

s.99

 

Sched:

3 offences

PG

(10%)

5y 4m

NPP 3y

 

Total:

5y 10m

NPP 3y 6m

ADBreached bond for dishonesty offenceWent home with male victim from bar - stole money, phone and house keys – returned to unit and demanded credit cards and PIN making threats as to having a gun – continued over several days to phone victim and make threats – attempts made to break into unit – demanded $1,000 to leave victim alone

Windle

(48)

[2011] NSWCCA 277

s.94

PG

(25%)

4y

NPP 2y 6m

ADLengthy – breached bond

Robbed former employer of $18,000 – used knowledge as to victim's methods of paying wages in cash – used co-offenders – caused victim to go bankrupt

Drug addiction – poor physical health

Salmon

(42)

[2012] NSWCCA 119

s.94

Larceny

Assault

VG

21m

NPP 12m

 

Total:

2y

NPP 1y 3m

AA

FT 6m

(concurrent sentences)

Nil

Business dispute with female accountant over payment of fees – stole modem and router from office – later entered office, pushed accountant and stole laptop – equipment returned after several days – angry – little premeditation

Prior good character

Birkensleigh

(22)

[2012] NSWSC 430

RA Hulme J

Accessory before fact s.94VG

18m

(period already served)

 minor

Female knew partner meeting with male victim for purpose of robbery for drugs – purchased zip ties and tape on behalf of partner – victim killed

Partner dominant and manipulative - Drug user as result of relationship with co-offender – good rehabilitation

Marrow

(25)

[2015] NSWCCA 282

s.94

PG

(20% - 25% on appeal)

6y

NPP 3y 6m

AA

5y 3m

NPP 3y 1m

Similar offences in WA

Robbed bank – made threats as to gun – low level of planning

Schizophrenia – pleaded at earliest opportunity

 

 

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