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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 - Aggravated Armed

s.98 Crimes Act

Whosoever:
being armed with an offensive weapon, or instrument, or
being in company with another person
robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person,
shall be liable to imprisonment for 25 years.

Standard Non-Parole Period – 7 years (offences committed on or after 1.2.2003)

CASE
(age if known)

OFFENCEPLEASENTENCEAPPEALWEAPONRECORDINVOLVEMENT & SUMMARY

Hamlin

(23)

NSWCCA

5.5.1997

s.98 - wound

 

s.97 (AR)

VG

MT 8y 8m

AT 3y

AA

MT 8y 4m

AT 3y 4m

sawn-off shotgunincludes AR

With co-offenders robbed husband and wife at home – threats made to female victim while armed - male victim severely beaten by co-offender - armed with gun - baby in house

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

FQ

(14)

NSWCCA

17.6.1998

s.98 - woundPGGriffiths remand

Crown AA

MT 18m

AT 12m

(detention centre)

knifeproperty 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)

[1999] NSWCCA 277

s.98 - woundVG

MT 2y 3m

AT 9m

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

Campbell

(27)

[2000] NSWCCA 157

s.98 - woundPG

MT 4y 6m

AT 2y

Crown AA

MT 5y 6m

AT 2y

loaded shot gunlengthy record - most juvenile - violence

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

Application of guideline judgment R v Henry

London

(26)

[2000] NSWCCA 165

Att s.98 - wound

 

 

s.98 - wound

 

Sched:

22 offences including AR x 5

PG

MT 12y

AT 4y

 

FT 8y

(concurrent)

ADloaded gunlengthyRobbed second hand dealer's shop and shot owner in leg - robbed hotel and shot manager in arm.

Fowler

(26)

[2000] NSWCCA 352

Att s.98 – wound

 

 

Escape

VG

 

 

PG

MT 5y 4m

AT 3y

 

FT 12m

 

Total

8y 4m

NPP 6y 4m

ADlarge knifebreached parole for robbery offenceIn early hours of morning broke into residence wearing balaclava and carrying a knife – demanded money – male occupant injured to hand and cheek in struggle

Merritt

[2000] NSWCCA 365

Att s.98 – wound

 

 

 

SMV

VG

MT 9y

AT 5y

 

 

FT  12m

(concurrent)

Crown AD

18y

NPP 13y 6m

 

FT 12m

(concurrent)

sawn off shot gunbadThree offenders robbed security guards taking money to credit union in a hospital – during struggle one guards shot in lower abdomen – grave offence

Ngo

(18)

[2001] NSWCCA 15

s.98 – wound

 

 

s.61

PG

3y

NPP 18m

 

FT 9m

ADmetal pole 

Waved down victims driving in car late at night – pushed metal bar into stomach of male – victim struck from behind and wallet stolen by co-offender – victim continued to be assaulted while on ground – female victim chased and pushed to ground

Difficult childhood (lost both parents by 15y) – gambling problem – some evidence of rehabilitation - assistance

Hennessy

[2001] NSWCCA 36

s.98 – wound

 

s.97(1) – AR

 

2 x LMV

VG

Total:

16y

NPP 12y

ADhandgunsimilar offences – released one month prior to offencesRobbed bank using handgun escaping in stolen vehicle – robbed building society using handgun – female shot and seriously injured – escaped in stolen vehicle

Smith

(20)

[2001] NSWCCA 152

s.98 – wound

PG

(40% plea and assist)

3y

NPP 18m

Crown ADknifenil

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

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

Donnelly

(26)

[2001] NSWCCA 394

s.98 – woundVG

MT 5y 6m

AT 2y 6m

ADbaseball batpriors

Robbed victim using baseball bat – victim assaulted to head

Aboriginal

Noonan

[2002] NSWCCA 150

s.98 – woundVG

8y 6m

NPP 5y 6m

Conviction ADreplica sawn-off shotgun and hammer Broke into house with de facto wife and demanded money - during struggle victim shot in head

Budd

(34)

[2002] NSWCCA 302

s.98 – wound

 

 

 

13 x s.97(1) AR

 

Att AR

 

Sched:

12 robbery and armed robbery offences

PG

(30%)

12y

NPP 8y

 

 

FT 4y – 8y

 

FT 5y

 

Total:

15y

NPP 11y

AA

10y

NPP 5y 6m

 

FT 4y – 8y

 

FT 5y

 

Total:

13y

NPP 8y 6m

knifelesser offences – larceny, GIC

Robbed or attempted to rob stores and pharmacies over 6mth period armed with knife – some offences involved same place and same victim – on one occasion employee cut to chest and bicep during struggle – small amounts of money taken each time

Offences committed to finance heroin addiction – co-operated with authorities to clear up offences

Carberry

(28)

 

 

 

 

 

 

 

 

Weldon

(24)

 

[2002] NSWCCA 475

(2002) 136 A Crim R 55

s.98 – wound

 

 

Mal wound

 

 

 

 

 

 

s.98 (Rob in Co) – GBH

 

 

 

Mal wound

PG

(25%)

 

 

 

 

 

 

 

 

PG

(20%)

6y 9m

NPP 4y

 

 

FT 3y

(concurrent)

 

 

 

 

6y

NPP 3y

 

FT 2y 6m

(concurrent)

Crown AA

8y 3m

NPP 5y

 

FT 3y

 

Total:

9y 3m

NPP 6y

 

6y 9m

NPP 4y 6m

 

FT 2y 6m

 

Total:

7y 9m

NPP 5y 6m

tomahawk, piece of wood and rock

lengthy record

 

 

 

 

 

 

 

 

 

lengthy record– breached recog

Forced entry into house of two brothers intending to steal cannabis – sustained assault on both victims using tomahawk, timber and rock – struggle continued outside then back in house – one victim sustained permanent damage to eyesight – deliberate and planned attack – C leader and more culpable

Both offenders Aboriginal with unstable and violent upbringing

JJM

[2004] NSWCCA 71

s.98 – wound

PG

(33-40% for plea and assist)

5y

NPP 3y

AA

4y

NPP 2y

Knife, toy gunTraffic, no previous custody

Waited at door while co-offender threatened female shop attendant with knife and demanded money – victim 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.

P

(17)

[2004] NSWCCA 218

 

 

 

 

Co-offenders:

TOBAR

JAN

s.98 – wound

 

 

 

AR

 

Sched

3 related rob off

PG

(25%)

11y

NPP 6y

 

 

6y

NPP 3y

(concurrent)

AA

6y 9m

NPP 3y 6m

 

5y

NPP 2y 6m

(concurrent)

 

Total:

7y 3m

NPP 4y

Meat cleaverRecord for robbery in company

NPP 7 Years

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

Exceptionally high level of alcohol dependence – prospects of rehabilitation

Tobar

(19)

 

 

 

 

 

 

 

 

 

 

 

JAN

(16)

 

[2004] NSWCCA 391

(2004) 150 A Crim R 104

 

 

Co-offender:

P

s.98 – wound

 

 

 

s.97(1) – armed rob

 

Att s.97(1) – armed rob

 

Sched:

3 x AR

 

s.98 – wound

 

 

s.97(1) – armed rob

 

Att s.97(1) – armed rob

 

Sched:

3 x AR

PG

(30%)

 

 

 

 

 

 

 

 

 

 

 

PG

(30%)

10y

NPP 5y

 

 

6y

NPP 3y

 

6y

NPP 3y

(all concurrent)

 

 

 

10y 6m

NPP 5y 6m

 

6y

NPP 3y

 

6y

NPP 3y

(all concurrent)

AA

6y 3m

NPP 3y

 

5y

NPP 2y 6m

 

5y

NPP 2y 6m

(all concurrent)

 

 

 

6y 3m

NPP 3y

 

5y

NPP 2y 6m

 

5y

NPP 2y 6m

(all concurrent)

meat cleaver – baseball bat

nil

 

 

 

 

 

 

 

 

 

 

 

 

nil

NPP 7 Years

All offenders approached three men on street – P armed with meat cleaver and J with bat – threats made and property taken – one victim suffered serious laceration to wrist – less than 30mins later robbed two men on street – threatened with meat cleaver and bat – J struck one victim with bat causing unconsciousness – evening of same day attempted to rob security guards – desisted when one guard produced gun

T – voluntarily surrendered to police on advice of father – depressed since death of mother – genuine remorse – strong prospects of rehabilitation

J – some potential for rehabilitation

Amohanga

(27)

 

 

 

Rai

(19/20)

 

(2005) 155 A Crim R 202

NSWCCA

s.98 - GBH

 

Sched:

s.98

 

s.98 – GBH

 

 

s.94

PG

10y

NPP 6y

 

 

 

10y

NPP 6y

 

8y

NPP 6y

 

Total:

11y

NPP 7y

Crown AA

12y

NPP 8y 6m

 

 

11y

NPP 8y

 

8y

NPP 6y

 

Total:

13y

NPP 10y

Iron bar

Tyre lever

Significant

(breach of bail)

 

 

Significant

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

Second offence for R committed on bail – robbed electronics shop

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

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

Mason

(18)

[2005] NSWCCA 403

s.98 - wound

 

Sched:

s.97

s.98

PG

(15%)

8y 6m

NPP 6y

ADKnife 

SNPP 7 years

Robbed taxi driver and locked him in boot – robbed male bystander investigating noise from taxi – wounded victim 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)

[2005] NSWCCA 405

s.98 – wound

 

Sched:

Possess cannabis

Receiving

PG

(25%)

4y 9m

NPP 3y

Crown AD

(errors established but exercise of discretion)

GunExtensive

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

Swan

[2006] NSWCCA 47

s.98 – wound

 

 

 

s.95

PG

(25%)

7y

NPP 2y

 

 

FT 12m

 

Total

7y 6m

NPP 2y 6m

AA

5y

NPP 2y

 

FT 12m

 

Total:

5y 6m

NPP 2y 6m

carving knifeshort but relevant – included assault and robbery

SNPP 7 years

Entered yard of male acquaintance and held knife to throat demanding money – kicked victim in buttocks and left when victim refused – returned with co-offenders several hours later and threatened victim with carving knife – stabbed victim in shoulder as he was attempting to escape – degree of planning – objective gravity high – motivated by belief victim had sexually abused offender and others

Suffering cerebral palsy, intellectual deficits and schizophrenia – history of neglect and abuse – gave himself up to police

Truong

(21)

[2006] NSWCCA 71

Att s.98 - GBH

 

 

s.98 - wound

 

 

3 x s.97

 

Sched:

Take and use conveyance

PG

(25%)

FT 4y
 

 

7y

NPP 4y

 
FT 3y
 
Total

8y 9m

NPP 5y 9m

AA

FT 4y

 

6y 6m

NPP 3y 6m

 

FT 3y

 

Total

8y 3m

NPP 5y 3m

Knife,

Metal pole

Minor – breached bond

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)

[2006] NSWCCA 132

s.98 - GBH

 

 

s.97(1)

 

Sched:

2 x s.95

s.97(1)

PG

(25%)

9y

NPP 6y

 

6y 6m

NPP 3y

 

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)

[2006] NSWCCA 200

s.98 – GBHPG

12y

NPP 9y

ADMetal barBreached parole

SNPP 7 years

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

AS

(14)

(2006) 165 A Crim R 100

NSWCCA

Att s.98 - GBH

 

 

 

s.94

 

 

Mal wound

 

 

Assault police

 

Sched:

7 offences

PG

3y 6m

NPP 2y

 

 

FT 6m

 

 

FT 9m

 

 

FT 3m

 

Total:

4y 3m

NPP 2y 9m

Crown AA

4y

NPP 3y

 

1y 4m

NPP 1y

 

1y 4m

NPP 1y

 

FT 3m

 

Total:

4y 9m

NPP 3y 9m

knifeBreached bail

SNPP 7 years

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

Henry

(35)

[2007] NSWCCA 90

Att s.98 - wound

 

 

 

Assault

 

Possess offensive implement

PG

4y

NPP 3y

 

 

FT 4m

 

FT 4m

(concurrent)

Crown AA

6y 9m

NPP 4y 6m

 

FT 4m

 

FT 4m

(concurrent)

KnifeBreached 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

Witchard

(18)

[2007] NSWCCA 167

Att s.98 - wound

 

 

 

s.97(1) Rob in company

 

3 summary offences

PG

(15% on appeal)

3y 6m

NPP 18m

 

 

3y 6m

NPP 18m

(concurrent)

Crown AA

4y

NPP 2y

 

FT 18m

 

Total:

5y

NPP 3y

bottleBreached 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

(2007) 178 A Crim R 220

NSWCCA

s.98 – woundVG

9y 4m

NPP 7y

ADMeat cleaver 

SNPP 7 years

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

Drew

(42)

[2007] NSWCCA 331

s.98 - Wound

 

 

3 x s.97(1) – AR

 

 

 

s.97(1) – AR

VG

6y

NPP 4y

 

4y

NPP 3y

(each)

 

4y 9m

NPP 2y 3m

 

Total:

8y

NPP 5y 6m

Crown ADKniferecord did not commence until 34y old

SNPP 7 years

Waited at bus stops then robbed bus drivers using knife – on one occasion driver cut on arm – robbed female shop assistant – offences committed over 6 days

Drug addiction and related criminal record did not commence until later in life – suffering long term depression

PB

(17)

(2008) 184 A Crim R 552

NSWCCA

s.98 – wound

PG

(15% on appeal)

4y

NPP 22m

Crown AA

6y 9m

NPP 3y 3m

KnifeOn bond for robbery offences.

SNPP 7 years

Victim sitting in vehicle – offender and friends passing by – victim told group not to bump vehicle – argument ensued – offender punched and stabbed victim with knife

Aboriginal with difficult childhood

TM

(14)

[2008] NSWCCA 158

Att s.98 - wound

 

 

 

s.111(3)

 

AOABH

 

Assault

PG

(25%)

8y

NPP 4y 6m

 

 

FT 4y

 

FT 2y

 

FT 18m

(concurrent)

AA

6y 9m

NPP 3y 6m

 

FT 3y 6m

 

FT 2y

 

FT 18m

(concurrent)

Knife – meat cleaverOn 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)

[2008] NSWCCA 180

Att s.98 – wound

 

 

s.97(1)

 

s.97(1)

 

Sched:

4 Rob Offences

PG

(35% combined discount)

7y

NPP 3y 3m 7d

 

FT 2y

 

FT 2y

 

Total:

8y

NPP 4y 3m 7y

ADMacheteBreached 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

JW

(15)

(2010) 199 A Crim R 486

NSWCCA

 

 

 

Co offender:

JC

s.98 – wound

 

 

Att s.98 - wound

PG

2y suspended

 

 

80h CSO

Crown AA

2y

 

2y

 

Total

2y 7m

(suspended)

KnifeNil

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)

[2010] NSWCCA 67

 

 

 

Co-offender:

JW

s.98 – wound

 

 

 

Att s.98 - wound

PG

3y

NPP 1y 3m

 

 

3y 6m

NPP 1y 3m

 

Total

3y 6m

NPP 1y 6m

AA

3y

NPP 1y 3m

 

3y

NPP 1y 3m

(concurrent)

KnifeNil

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

Paterson

(21)

[2010] NSWCCA 233

Att s.98 - wound

 

 

s.97(1)

 

Sched:

BES

PG

5y

NPP 2y

 

4y

NPP 3y

 

Total:

6y

NPP 3y

Crown ADKnifeBreached 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)

[2011] NSWCCA 156

s.98 - wound

 

 

s.33(1)(a)

VG

13y

NPP 9y 9m

 

13y

NPP 9y 9m

(concurrent)

ADSmashed bottleIncludes 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

Holohan

(39)

[2012] NSWCCA 105

s.98 – GBH

 

 

 

Att s.94

 

 

s.112(2)

PG

(50% combined)

16y 9m

NPP 11y 6m

 

 

5y 3m

NPP 4y

 

3y 6m

NPP 2y 6m

 

Total:

21y

NPP 15y 9m

AA

16y 9m

NPP 11y 6m

 

2y 8m

NPP 2y

 

3y 6m

NPP 2y 6m

 

Total:

19y 6m

NPP 14y 3m

Brick

"Appalling" - extensive history of dishonesty and violence.

On parole.

SNPP 7 years

Approached female and struck female victim twice to face and head with brick rendering her unconscious - thinking victim dead dragged body to park - took purse, mobile phone and bag - victim suffered significant and ongoing brain injury, fractures to skull and right hand - worst case category - gratuitous violence - attack brutal with some planning - intention beyond money for drugs - also intended to cause pain and injury.

Difficult upbringing -  homeless from 12y - alcohol and drug abuse - co-operation with police consistent with genuine regret

Qian

(19)

[2012] NSWCCA 283

s.98 – GBH

 

 

s.98 – wound

 

 

s.97(1)

 

 

s.97(1)

 

 

s.86(2)

 

Sched:

3 x dishonesty offences

PG

(25%)

6y 6m

NPP 4y

 

8y

NPP 4y

 

4y 6m

NPP 3y

 

4y

NPP 2y 3m

 

4y 6m

NPP 3y

 

Total:

12y

NPP 8y

ADKnifeNil

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 taped 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 robbed 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)

[2013] NSWCCA 99

s.98 – GBH

PG

(25%)

9y

NPP 6y

ADIron bar and knifeLengthy including violence - on bail.

SNPP 7 years

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

Dysfunctional upbringing – drug use.

Sio

(21)

[2013] NSWSC 1872

Adamson J

s.98 – woundVG

10y

NPP 7y 6m

 KnifeMinor – 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 - GBH

 

Sched:

AR

Enter dwelling with intent

 

s.98 - GBH

 

Sched:

AR

Enter dwelling with intent

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 by 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

Mun

(19)

[2015] NSWCCA 234

s.98 – wound

PG

(25%)

7y

NPP 4y

ADClaw hammer 

SNPP 7 years

Robbed cafe proprietor of $7000 – struck victim twice to head with claw hammer – waited in cafe for 4 hours for victim to leave café with money - significant planning – brought hammer and gloves to café – sent text messages to a co-offender who was not apprehended - mid-range.

Difficult upbringing – drug abuse from young age

Dennis

(38)

[2015] NSWCCA 297

s.98 – GBHVG

11y

NPP 8y 3m

AD

Used device like a scalpel

Significant - violence, escape lawful custody, assault, aggravated robbery – breached parole.

SNPP 7 years

Robbed passenger on a public train by cutting his throat - attacked victim from behind, held victim's hair with one hand - cut left scar of about 16cm in length - above mid-range objective seriousness - vicious life-threatening and, to an extent, premeditated attack and robbery on public transport.

Difficult background – drug abuse.

Martin

(19)

[2016] NSWCCA 273

s.98 – wound

 

2 x summary offences

PG

(25%)

6y

NPP 4y

AD

Threat to stab

Violence – breached bond and parole

SNPP 7 years

62y male invited stranger to home for drink – sustained assault on victim with threat to stab – stole car and wallet – car subsequently crashed

Drug addiction

Hiron

(28)

[2018] NSWCCA 10

Att s.98 – wound

PG

(10%)

6y 3m

NPP 4y 8m

AD

Knife

AOABH, assault, larceny, obtain benefit by deception

SNPP 7 years

Demanded victim's car keys – in struggle victim received wound to his throat from knife offender had in his hand – argument with victim over drug deal – offender carried knife to the scene and expected to use it - mid-range objective seriousness.

Drug abuse

Calhoun

[2018] NSWCCA 150

Att s.98 – GBH

 

 

 

s.33A

 

 

s.86(3)

 

Sched:

6 offences

PG

(50% plea and assist)

Indicative

6y

NPP 4y 6m

 

7y

NPP 5y 3m

 

6y

 

Total:

9y

NPP 6y 9m

AD

Gun

extensive record for serious violence and firearms offences – breached parole

SNPP 7 years

Approached victim leaving nightclub with co-offender – victim shot in ankle and torso – aware firearm loaded and could be used – degree of planning (s.98 offence) – on another occasion organised co-offenders to confront second victim at pub – believed victim reneged on deal – victim shot in leg, detained in car and threatened - $2000 stolen – principal offender

Last updated: 4/10/2018

 

 

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