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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 - in Company

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)

OFFENCEPLEASENTENCEAPPEALRECORDINVOLVEMENT & SUMMARY

Pham

(21)

[1999] NSWCCA 362

s.98 - wound

 

 

 

s.97 - Rob in company

PG

MT 4y 6m

AT 18m

 

 

MT 4y 6m

AT 18m

(concurrent)

AA

MT 3y 9m

AT 2y 3m

 

MT 3y 9m

AT 3y 9m

(concurrent)

assault, SMVGroup of offenders set up meeting with victim - ambushed victim in car and took him to park - assaulted and robbed (s.98) - took victim to mother-in-law's house - tied up and robbed occupant (s.97)

Stuart

(30)

[2001] NSWCCA 145

s.98 – GBHPG

MT 3y 6m

AT 2y 6m

ADlengthy

Driver of getaway car - robbery of Chinese restaurant – victim's cheek fractured by butt of shotgun

Induced by father to be involved

Wate

(19)

[2001] NSWCCA 474

s.98 – wound

 

Sched:

8 x offences

PG

8y

NPP 4y

AA

Only to backdate sentence to take into account PSC.

priorsRobbed taxi driver with 2 co-offenders - co-offender threatened to kill driver and stabbed him several times - offender had arm around victim's neck

Weldon

(24)

 

 

 

 

 

 

 

 

Carberry

(28)

 

[2002] NSWCCA 475

(2002) 136 A Crim R 55

s.98 – GBH

 

 

 

Mal wound

 

 

 

 

 

s.98(AR) – wound

 

 

Mal wound

PG

(20%)

 

 

 

 

 

 

 

 

PG

(25%)

6y

NPP 3y

 

 

FT 2y 6m

(concurrent)

 

 

 

 

6y 9m

NPP 4y

 

FT 3y

(concurrent)

Crown AA

6y 9m

NPP 4y 6m

 

FT 2y 6m

 

Total:

7y 9m

NPP 5y 6m

 

8y 3m

NPP 5y

 

FT 3y

 

Total:

9y 3m

NPP 6y

lengthy record – breached recog

 

 

 

 

 

 

 

 

lengthy record

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

Donovan

(20)

[2003] NSWCCA 324

s.98 – GBH

 

 

s.98 – wound

 

 

Escape

 

2 x s.154A

VG

 

 

VG

 

 

PG

 

PG

3y 6m

NPP 2y

 

3y

NPP 3y

 

FT 1y

 

FT 18m

(each)

 

Total:

4y 6m

NPP 3y

Crown ADreasonably long – some violence

One of four offenders who escaped from Grafton Gaol – assaulted 19y male and his 47y mother intending to take their car – serious and sustained assault – both kicked and punched - offender least culpable and not physically involved in assault – escaped in car

Mother died two weeks prior to escape – had been drinking and smoking cannabis prior to escape - Aboriginal

El Andouri

(19)

[2004] NSWCCA 78

 

 

 

 

 

 

 

 

 

Co-offender

FIDOW

Att AR

 

 

 

Affray

 

SMV

 

 

s.98 – GBH

PG

(20%)

5y

NPP 2y 6m

 

 

FT 2y

 

5y

NPP 3y

 

16y

NPP 9y

 

Total:

18y 6m

NPP 13y 6m

AA

5y

NPP 2y 6m

 

FT 2y

 

4y

NPP 2y 3m

 

16y

NPP 9y

 

Total:

18y 6m

NPP 11y 6m

minor – but breached bail when committing second offences

Attempted to rob hotel using replica pistol – one staff member assaulted and two tied up with bar towels – left without money when police called hotel – 8 months later stole motor vehicle with co-offenders – followed proprietor of service station taking money to bank – deliberately rammed back of victim's car then sustained assault causing serious and permanent brain damage – principal assailant

Drug user

Appeal in relation to SMV offence only – sentence reduced and commencement date changed to reduce accumulation of NPP

Fidow

[2004] NSWCCA 172

 

Co-Offender:

EL ANDOURI

s.98 – GBH

 

Sched:

7 dishonesty offences

PG

11y

NPP 8y

AD Involved in carefully planned robbery of service station owner – victim's car deliberately rammed while transporting takings to bank – victim violently assaulted resulting in severe and permanent brain damage - top of range criminality – not primary offender

Makisi

(25)

[2004] NSWCCA 333

(2004) 151 A Crim R 245

Att s.98 – wound

 

 

s.95

 

s.95

VG

5y

NPP 3y

 

FT 4y

 

FT 4y

 

Total:

6y

NPP 4y

ADminor

Part of group of about seven intoxicated males who chased three victims through a park – all three victims assaulted – two victims robbed

Appeal based on parity only

Nightingale

(26)

[2005] NSWCCA 147

s.98 – wound

 

 

 

s.97(1) – Rob in Co

 

AOABH

PG

(20%)

6y 15w

NPP 4y 37w

 

 

FT 18m

 

 

FT 18m

 

Total:

8y 15w

NPP 6y 37w

AA

6y 3d

NPP 4y 22w 3d

 

FT 18m

 

 

FT 18m

 

Total:

8y 1d

NPP 6y 22w 1d

Lengthy – breached parole for robbery offence when committing assault offence

One of four offenders in taxi – all alighted from taxi and stood near driver front door when driver assaulted to head with instrument – joint criminal enterprise – four months later robbed two brothels on one day in company of co-offender  - female at first brothel suffered small cut to head by offender using scissor-like implement – at second brothel held glass implement to throat of female and threatened to slash throat

Long history of substance abuse

LLM

(17)

[2005] NSWCCA 302

Att s.98 – wound

 

 

 

s.86(3)

PG

(25%)

8y 4m

NPP 5y

 

 

7y 6m

NPP 5y

(concurrent)

AA

6y 8m

NPP 5y

 

6y 8m

NPP 5y

(concurrent)

lengthy record – breached control order for robbery offences

Co-offenders approached 17y male and mother in street armed with metal pole and broken bottle – demands made and mother's bag grabbed – offender alighted from car and punched male in face – victim also struck by metal pole – ten days later three offenders approached male standing next to car – threatened with knife and metal pole – forced into car and driven to ATM – offender followed in second car – money demanded and further threats made – victim assaulted when tried to escape

Chaotic and violent childhood

Can

(40)

[2007] NSWCCA 176

s.98 – woundVG

8y 6m

NPP 5y 6m

ADARWith co-offender robbed diamond trader – million dollars worth of diamonds stolen – victim tied up, assaulted and threatened – principal offender

PMW

(16)

[2009] NSWCCA 34

s.98 – woundPG

7y

NPP 3y 6m

AA

5y 6m

NPP 2y 9m

Priors

SNPP 7 years

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

Aboriginal – full admissions – mental health problems – parity

SS

(15)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

JC

(17)

 

[2009] NSWCCA 114

s.98 – wound

 

 

 

s.98 – wound

 

 

s.97 - Rob in Co

 

s.97 - Rob in Co

 

s.97 – Armed Rob

 

Sched:

6 offences (including 3 Rob in Co offences)

 

 

s.98 – wound

 

 

s.98 – wound

 

Sched:

4 rob in company offences

PG

(25%)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

(50% plea and assist)

6y

NPP 4y

 

 

6y 4d

NPP 4y

 

FT 3y

 

FT 3y

 

FT 3y

 

Total:

7y

NPP 4y 11m 27d

 

 

4y

NPP 2y

 

4y

NPP 2y

 

Total

4y 3m

NPP 2y 3m

AA

6y

NPP 3y 8m

 

6y

NPP 3y 8m

 

FT 3y

 

FT 3y

 

FT 3y

 

Total:

7y

NPP 4y 8m

 

 

AD

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 involved robbery of 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

TJ

(13)

[2009] NSWCCA 99

s.98 – GBH

PG

(20%)

21m

NPP 6m

ADMinor

SNPP 7 years

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

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

MJ

(17)

 

CPD

(17)

 

[2010] NSWCCA 52

s.98 – GBH

 

 

s.98 – GBH

PG

(25%)

 

PG

(25%)

3y

NPP 2y

 

3y

NPP 2y

AD

 

 

AD

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)

[2010] NSWCCA 63

s.98 - GBH

 

 

s.97 - Rob in Co

 

Sched:

2 x robbery offences

PG

(25%)

4y 6m

NPP 2y 6m

 

FT 2y (concurrent)

ADRecord – breached bail

SNPP 7 years

Female involved in robbery or attempted 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)

[2010] NSWCCA 203

s.98 – woundPG

5y

NPP 3y

AA

5y

NPP 2y 6m

 

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

SJ erred in taking into account SNPP as guidepost when SNPP did not apply – sentence excessive given offender's youth - special circumstances – first time custody – need for lengthy supervision

Mi Mankaryous

(20)

 

 

 

 

 

 

Me Mankaryous

(26)

 

[2011] NSWCCA 158

s.98 - wound

 

 

 

s.97(2)

 

 

 

s.98 - wound

 

 

s.97(2)

PG

 

 

 

 

 

 

 

PG

(10%)

4y

NPP 2y 5m

 

 

4y

NPP 2y 5m

(concurrent)

 

4y

NPP 1y 5m

 

4y

NPP 1y 5m

(concurrent)

Crown AA

6y

NPP 2y 5m

 

6y

NPP 2y 5m

(concurrent)

 

5y

NPP 1y 5m

 

5y

NPP 1y 5m

(concurrent)

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)

[2012] NSWCCA 10

Att s.98 – wound

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)

[2012] NSWCCA 115

s.98 - 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 victim 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

Low intellectual functioning

Ith

(25)

[2013] NSWCCA 280

s.98 – GBH

 

 

Possess knife

VG

9y

NPP 6y

 

FT 6m

(concurrent)

ADBreached 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

[2013] NSWCCA 309

s.98 - GBHPG

7y

NPP 4y 6m

AD 

SNPP 7 years

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

Last updated: 4/10/2018

 

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