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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 - s.95  

Penalty - 20y
Replaced on 23 December 1994 by:
Robs or assault with intent to rob and in circumstances of aggravation - 20y
Circumstances of aggravation
(a) uses corporal violence
(b) maliciously inflict actual bodily harm
(c) deprives person of liberty 
 

Case
(age if known)

OffenceCircumstance of AggravationPleaSentenceAppealRecordFacts

Brindley

NSWCCA

(1993) 66 A Crim R 204

Acc after the fact to s.95

 

 

Assault

strikingPG

MT 2y

AT 8m

 

 

FT 9m

(concurrent)

AA

MT 12m

AT 8m

 

FT 9m (concurrent)

 

Planned with three others to rob people on the street – stood apart while first victim robbed – alcohol purchased with stolen money – assaulted second victim by punching

Extraordinary that Crown accepted plea to accessory after fact – breached De Simoni

Goolagong

NSWCCA 28.9.1994

s.95strikingPG

MT 3y

AT 1y

AD Stole handbag from elderly lady in underground car-park, struck and forced victim to ground - significant injuries

Lego

(20)

NSWCCA 24.4.1995

s.95strikingPG

MT 2y 6m

AT 18m

ADassaultIn company with another hit victim over head with stubby and it broke - no permanent injury - grabbed wallet and decamped.

Docherty

NSWCCA 27.11.1995

s.95strikingVG

MT 15m

AT 2y

AA

MT 12m

AT 2y 2m

 Group of four set upon victim

Ellem

(31)

NSWCCA

18.12.1996

s.95corporal violencePG

MT 4y

AT 2y

ADViolence offence.Assaulted and robbed victim after night of drinking together - stole $50 from wallet - victim related to offender

Douglas

(24)

NSWCCA

4.3.1997

s.95corporal violencePGBond 2y conditional upon treatment Odyssey HouseCrown ADPossess drug, BE&S

Snatched handbag from victim – victim suffered fractured shoulder

Drug addiction

Marino

(25)

NSWCCA

9.4.1997

s.95strikingPG

MT 3y

AT 3y

ADpersonal and property offences - previous custody – breached parole

Attacked victim in public toilet - took wallet and threatened victim after noting victim's address

Drug abuse - deprived background.

Woodfield

(21)

NSWCCA

11.6.1997

s.95corporal violencePG

MT 18m

AT 2y 6m

ADnil

Punched and robbed employee taking cheques and cash to bank - considerable planning

Assistance to authorities - immature - likelihood of rehabilitation

Turner

(19)

NSWCCA

1.9.1997

s.95strikingPG

2y 6m PD

 

Upon breach of PD order resentenced:

MT 1y 10m

AT 8m

AA

MT 1y 5m

AT 1y 1m

Property offence - no previous custody.

With co-offender assaulted victim stealing $6400.

Deprived background - personality disorder.

Darkin

(19)

NSWCCA

10.9.1997

s.95corporal violencePG

MT 4y

AT 2y

AA

MT 3y 6m

AT 2y

property offences

With group of males attacked victim in park – victim punched and stabbed in thigh - stole $3000 worth of property

Heroin addiction - left school at 14 - behavioural problems.

Smith

(19)

[1999] NSWCCA 45

s.95strikingPG

MT 2y

AT 2y

AA only to backdate sentence

stealing, BE&S,

fraud, AOABH

Following argument with victim stomped on head while victim semi-conscious - took money from pockets

Aboriginal background - violent home - serious drug and alcohol problems.

Locke

(39)

[2000] NSWCCA 19

s.95

 

Sched:

PCA

Drive while canc

Fail to appear

corporal violencePG

MT 2y

AT 1y 6m

AA

MT 1y 6m

AT 1y

violence, property, fraud - previous custody.

With 11y nephew accepted overnight accommodation from victim - when victim expressed sexual interest in nephew, attacked victim stealing motor vehicle to escape.

Aboriginal background - drinking prior to offences.

Liddicoat

(31)

[2000] NSWCCA 111

s.95

 

 

 

Carried in conveyance

 PG

MT 3y

AT 1y

 

 

FT 12m

(concurrent)

AA

MT 2y

AT 1y

 

FT 12m

(concurrent)

predominantly prostitution offences

Female – attempted to grab handbag of female outside fire station while co-offender waited in stolen car

Drug addiction – mother to four children

Abou-Jibal

[2000] NSWCCA 127

s.95inflict ABHPG

MT 2y

AT 18m

ADbreached suspended sentence

Snatched bag from female leaving bank – victim injured as pulled down stairs - pre-meditated.

Gambling addiction

Duma

(18-19)

[2000] NSWCCA 132

s.95

 

 

 

s.95

 

Assault police

 

carried in conveyance

 

Sched:

2 x assault

corporal violence

 

 

deprive liberty

PG

MT 3y

AT 12m

 

 

FT 12m

 

FT 12m

 

FT 6m

 

(all concurrent)

AA

4y

NPP 2y 6m

 

FT 12m

 

FT 12m

 

FT 12m

 

FT 6m

 

(all concurrent)

malicious wounding, conceal serious offence and dangerous driving

One of four offenders who robbed victim – gold chains torn from neck – victim punched and kicked – wallet, cigarettes and lighter stolen – co-offenders juveniles – one year later stole car with co-offenders and drove to bank – forced staff and customers to lie on floor – one customer knocked unconscious – three offenders jumped counter and stole $40,000 – high speed police chase – struggled when arrested

Some evidence of improved behaviour

Mason

(19)

[2000] NSWCCA 207

Assault with intent s.95 PG

MT 4y

AT 16m

AA

MT 3y

AT 2y 4m

violence offences – this offence committed three days after released to parole for sexual offence

Released to parole into residential care – assaulted female carer by placing in head lock and punched to head – dragged victim to toilet and locked her in

Special circumstances in view of previous sentences

HMB

[2000] NSWCCA 554

s.95 VG

MT 18m

AT 2y

Conviction AD With 2 co-offenders robbed service station - male co-offender threatened and hit attendant on arm with axe

Black

(20)

[2001] NSWCCA 41

s.95corporal violencePG

3y 1m

NPP 1y 8m

AA

2y 6m

NPP 16m

no significant priors

Struck supermarket checkout sales assistant in face with fist - removed $230 from till.

Affected by heroin and cocaine at time of offence - little premeditation - good rehabilitation prospects.

White

(44)

[2001] NSWCCA 108

s.95 (steal from person)

 

Rob in Company

 

AOABH

 VG

MT 2y

AT 21m

 

FT 14m

 

FT 12m

 

Total:

MT 3y 2m

AT 21m

ADrecord includes violenceMet up with acquaintance – after drinking walked down street and stole money from pocket of male walking past (rob in company) – offenders then approached two males sitting near park – kicked and punched victims – offender hit one victim over head with didgeridoo rendering momentarily unconscious

Elchami

(23)

[2001] NSWCCA 285

s.95

 

 

 

Rob in company

 

Sched:

assault

larceny

corporal violence and deprive libertyPG

5y 6m

NPP 12m

 

 

4y

NPP 12m

 

Crown AA

5y

NPP 2y

 

FT 12m

 

Total:

6y

NPP 3y

drugs and dishonesty offences – breached bailThree offenders sought confrontation with male acquaintance over drug matter – met up with and punched cousin to acquaintance – forced victim to walk to hotel and find cousin – victim punched multiple times and threatened - wallet stolen – subsequently found male acquaintance – punched and threatened him with knife (sched offence) - on separate occasion robbed male with co-offender – held extendable baton held to neck of victim

Tan

(27)

[2001] NSWCCA 490

s.95

 

 

Demand money with menaces

 PG

8y

NPP 5y

 

FT 4y

(concurrent)

ADnilTwo offenders forced female victim parking her car at in her garage into van at knifepoint – bound eyes, wrists and ankles with masking tape – drove around – took keys to unit from handbag – returned to victim's unit to steal money – obtained cards and PINs from victim and withdraw $1,960 – released victim in order to facilitate transfer of $10,000 – threatened son – subsequent controlled delivery of money to offenders by victim constitutes second offence

RY

(13)

[2001] NSWCCA 499

s.95corporal violencePG

12m

NPP 9m

AA

Control order 12m

NPP 6m

nil

With two co-offenders punched and kicked victim at shopping mall after victim refused to give offender money - stole mobile phone.

Borderline intellectual disability - mental and personality disorder

Maloukis

(32)

[2002] NSWCCA 155

s.95

 

 

 

3 x s.95

 

s.94 Robbery

 

Sched:

s.95

2 x s.94

GIC

corporal violencePG

4y

NPP 2y

 

 

FT 2y

 

FT 2y

(all concurrent)

Crown AA

4y

NPP 18m

 

FT 2y

 

FT 2y

 

Total:

6y

NPP 3y 6m

extensive record incl drugs, violence - previous custody - breached bond.

Over five months committed bag-snatch robberies upon elderly female victims by driving alongside victim and grabbing handbag - some victims injured by falling - high degree of criminality and planning.

Drug abuse

Ellis

(20)

[2002] NSWCCA 211

s.95

 

 

 

Receiving

corporal violence

PG

(15% on appeal)

4y

NPP 2y 3m

 

 

FT 6m

(concurrent)

AA

3y

NPP 21m

 

FT 6m

(concurrent)

driving and property offences – breached bond

Four offenders approached three victims in early hours of morning – knife produced – two offenders chased victim with knife and stole wallet – offender and another co-offender threatened remaining two victims – claimed to have knife – both victims punched and knocked to ground – watch and wallet stolen

Mild intellectual disorder – difficult childhood – disparity with juvenile co-offender in view of immaturity – some evidence of rehabilitation

Nguyen

(19)

[2002] NSWCCA 305

2 x s.95

 

 

 

Rob in Company

deprive libertyPG

3y 6m

NPP 18m

(each)

 

FT 18m

 

(all concurrent)

ADnil

With co-offender confronted victim in shopping centre and demanded wallet – several weeks later one of three offenders demanded wallets and PINs from two victims – two offenders left to ascertain PINs incorrect – returned and demanded correct numbers – left victims again with third offender and withdrew money from victim's accounts – under influence of co-offender – played active role although not instigator

Prospects of rehabilitation

Vincent

[2002] NSWCCA 369

(2002) 133 A Crim R 206

s.95

 

 

Att dispose stolen property

corporal violence

VG

 

 

PG

6y

NPP 3y

 

FT 18m

 

Total:

7y 6m

NPP 4y 6m

ADlengthy record

Robbed chemist with co-offender

Suffered significant head injury from car accident early in life – long term effect on behaviour

O'Brien

(18)

[2002] NSWCCA 411

s.95

 

 

Use off weapon to avoid apprehension

 

Drive conveyance

 

Sched:

5 offences

inflict ABH

PG

(15%)

4y

NPP 2y

 

FT 12m

 

 

 

FT 12m

 

Aggregate

6y

NPP 4y

ADlengthy record – breached suspended sentence

Stole car and caused extensive damage – one week later during police chase rammed police vehicles causing police officer to became trapped – one month later unprovoked and sustained attack on male at bus stop – stole backpack

Difficult background – drug and alcohol addiction – intoxicated at time of offences

Kemsley

(18)

[2003] NSWCCA 221

s.95corporal violenceVG

2y

NPP 12m

ADIncludes common assaults and knife in public placeAssaulted male in street outside Pizza Place – angered by involvement of victim with girlfriend of offender – punched and strangled – stole necklace and earring

Kerr

(32)

[2003] NSWCCA 234

s.95corporal violence and inflict ABHVG

14y

NPP 11y

AA

10y 2m

NPP 7y 9m

Lengthy record

Led two other younger men to house of victim to steal cannabis plants – forced entry and assaulted victim with handgun – co-offender armed with baseball bat

Aboriginal with deprived and disrupted childhood – recent prospects of rehabilitation

Fosse

(52)

[2003] NSWCCA 347

s.95

 

 

Att dishonestly obt money by deception

 

Make false instrument

 

Present false instrument

 

Larceny

inflict ABHPG

4y

NPP 18m

 

FT 18m

 

 

 

FT 12m

 

 

FT 12m

 

 

FT 6m

 

Total:

4y 4m

NPP 1y 10m

ADrobbery and other offences – no imprisonment – breached bond

Female when 82y male friend suffering dementia refused to lend offender money she assaulted him and took bank book – forced him to sign withdrawal slip but bank declined cheque – forged signature on second withdrawal slip next day but bank still declined – drove off without paying for petrol

Physical and mental health issues

Tran

(19)

[2004] NSWCCA 6

s.95

 

 

 

Att s.95

 

Sched:

Rob in Co

Att Rob in Co

corporal violence

 

 

corporal violence

PG

(20%)

4y

NPP 2y

 

 

FT 2y 8m

 

Total

6y

NPP 4y

AA

3y 6m

NPP 18m

 

FT 2y 8m

 

Total

5y 6m

NPP 3y 6m

 

With 3 co-offenders robbed school boys aged 14-15y – victims punched and kicked – money and phones stolen – one offence committed alone

Parity

Chebat

[2004] NSWCCA 211

s.95 PG

2y 6m

NPP 1y 3m

ADNil

With co-offenders attacked male – squeezed throat and hit head on wall – sustained assault including kicking and punching

Youth – prior good character – head injuries from car accident

Sarcasmo

(29)

[2004] NSWCCA 277

s.95inflict ABH

PG

(25%)

3y

NPP 2y 6m

AA

3y

NPP 18m

Lengthy – on bail – no previous imprisonment

Grabbed handbag from 44y female victim – caused victim to fall to ground

Heroin withdrawal – need for drug treatment and counselling

Walter

(32)

 

 

Thompson

(23)

 

[2004] NSWCCA 304

s.95inflict ABH

PG

 

 

 

PG

5y

NPP 6m

 

 

3y (PD)

NPP 4m

Crown AA

4y

NPP 12m

 

3y

NPP 9m

Record including violence – no gaol

 

 

Juvenile record only - no violence or gaol

Approached male stranger in street at night and demanded jeans – victim punched in eye and kicked on ground – removed jeans, shoes and other valuables – DW more culpable - delay

MT – Aboriginal – borderline intellectually handicapped – evidence of positive rehabilitation'

DW – Aboriginal – suffered physical and racial abuse as a child

Hala, aka Black (19)

[2004] NSWCCA 329

s.95 

PG

(25%)

3y 6m

NPP 1y

ADRecord including violence; bonds breached

Attacked 2 youths about an earlier conversation – struck one victim – took mobile phone - opportunistic crime

Alcohol – abuse by step-father – ADD – contrition.

Fields

(40)

[2005] NSWCCA 37

s.95inflict ABH

PG

(25%)

6y

NPP 4y

ADLengthy record – breached bond

Went to home of 61y disability pensioner in company and demanded money, then punched victim in face –put knife to victim's throat and threatened to kill – kicked about body – serious injuries – no recollection of event

Alcohol and cannabis – aboriginal and removed from mother's care at 6 weeks – illiterate and innumerate – poor health – interested in rehabilitation

Sundar

(31)

[2005] NSWCCA 93

s.95corporal violencePG

5y

NPP 3y

AA

3y

NPP 2y

Relatively minor record

Attacked victim in belief victim had stolen property from his girlfriend – punched victim and took health care card from wallet – unaware co-offender had knife

Parity – insufficient discount for assistance to authorities and contrition and utilitarian discount for plea - depression – delusional

McIlwraith

(22)

[2005] NSWCCA 137

s.95inflict ABH

PG

(25%)

6y

NPP 4y 6m

ADExtensive record – breached paroleRobbed video store with co-offender – assaulted male and stole money and phones

Atonio

(20)

(2005) 154 A Crim R 183

NSWCCA

s.95corporal violence

PG

(15-20%)

5y

NPP 3y

ADSignificant – breached bond and parole

Accosted victim at train station and demanded money or mobile – punched victim twice in face – arrested at scene

Low IQ – affected by alcohol

Suaalii

(23)

[2005] NSWCCA 206

 

Mauai

(20)

[2005] NSWCCA 207

s.95

 

 

 

 

s.95

deprive liberty

 

 

 

 

deprive liberty

PG

(25%)

 

 

 

PG

(30% plea and assist)

9y

NPP 6y 6m

 

 

 

9y

NPP 6y 6m

AA

6y 8m

NPP 4y 6m

 

 

AA

6y 8m

NPP 4y 6m

Nil but since sentenced for AOABH

 

 

Nil

Security guards went to hotel where co-offender worked - tied up co-offender and employers, including 6m pregnant female - threatened bomb in building - $31,500 taken from safe

S – Samoan – insufficient weight given to youth and rehabilitation prospects –

M – Samoan – good employment history – previously worked at hotel - special circumstances – educational courses in prison

Freeman

(19)

[2005] NSWCCA 460

s.95inflict ABH

PG

(15%)

3y 4m

NPP 2y

AA

3y 2m

NPP 1y 10m

Criminal record – breached parole

Female with co-offender robbed train passenger – victim assaulted by co-offender

Parity

Malcolm

[2006] NSWCCA 323

s.95 PG

3y 4m

NPP 2y

AD 

Assaulted person outside train station – stole mobile phone – unprovoked attack

Intellectual disability

Perkins

(32)

(2007) 169 A Crim R 516

NSWCCA

s.95inflict ABHPG

3y 6m

NPP 18m

ADNot relevant

Intoxicated at hotel – began talking to hotel staff about "killing someone" and "scoring" drugs – left in taxi – threatened taxi driver with sharp implement causing lacerations to victim's neck.

Out of character – suffering depression due to serious neck injury - special circumstances.

Saban

(31)

[2007] NSWCCA 139

s.95

 

Sched:

2 x s.99

s.61

 

PG

(25%)

6y 9m

NPP 4y 9m

ADLengthy record – violence – breached parole

Assaulted male with knife – demanded motor bike – took mobile phone – on separate occasion pushed female acquaintance – next day threatened returns' desk at supermarket

Dysfunctional and fearful childhood – drug addiction – suffering depression and anxiety

Tortell

(19)

 

 

 

 

Tsegay

(18)

 

[2007] NSWCCA 313

s.95

 

Sched:

Carried in stolen conveyance

 

s.95

 

Sched:

Carried in stolen conveyance

corporal violence

PG

(25%)

 

 

 

 

PG

(25%)

300 hours CSO

 

 

 

 

 

300 hours CSO

Crown AD

 

 

 

 

 

Crown AD

Nil

 

 

 

 

 

Nil

Robbed victim of $51K while proceeding to deposit money at bank on behalf of client – offender's had been notified by telephone of victim's movements by client of victim.

Strong subjective features - limited planning of offence – prior good character - youth – rehabilitation

Tortell suffering mental health condition.

Azzi

[2008] NSWCCA 169

s.95

 

Sched:

Fail to disclose identity of passenger

corporal violence

PG

(25%)

3y

NPP 18m

ADViolence – breached bailMet victim to discuss purchase of puppy – punched victim in face before leaving – impulsive offence – knife visible in jacket pocket – refused to reveal identity of persons in car

Priest

(28)

[2009] NSWCCA 33

s.95

 

Sched:

Carried in conveyance

inflict ABH

PG

(toward lower end)

4y

NPP 2y

AA

3y 4m

NPP 1y 8m

Record

With co-offender drove victim to remote area – victim assaulted and robbed of wallet – left to walk home

Difficult childhood – drug addiction

Ferenc

[2009] NSWCCA 126

s.95corporal violence

PG

(15% on appeal)

2y 6m

NPP 18m

Crown AA

4y 3m

NPP 3y

Armed robbery, robbery in company, assault with intent to rob.

Robbed pizza delivery man who had come to deliver pizza – punched victim in face – demanded money.

Alcohol addiction.

Sheather

(19)

[2009] NSWCCA 173

s.95corporal violencePG

3y

NPP 1y 4m

AA

2y

NPP 1y

Possess drug

With 3 co-offenders robbed taxi driver – asked taxi driver to drive to remote location – one co-offender struck victim in head with a mallet – no serious injuries.

Parity – juvenile co-offenders

Nanai

(26)

[2010] NSWCCA 21

s.95inflict ABH

PG

(25% on appeal)

6y

NPP 4y 6m

AA

4y 6m

NPP 3y 4m

Agg robbery, offences violence, sexual assault

With co-offender initiated unprovoked assault upon 22y male victim late at night on street – pushed victim against wall and head butted victim.

Alcohol issues

On appeal discount for guilty plea

Simpson

(30)

[2010] NSWCCA 225

s.95 (steal from person)inflict ABHPG

2y 10m

NPP 10m

AD 

Female - used umbrella to take bag hung up in toilet cubicle – victim in cubicle hit on head causing bruising and swelling

Pregnant with eighth child – all children with other people – drug abuse – under influence of drugs – difficult personal history

Marr

(24)

[2011] NSWCCA 15

s.95inflict ABHPG

5y

NPP 3y 9m

ADPrior custody

With co-offender robbed attendant at swimming pool – victim punched to face and head, kicked after falling and head stomped several times

Lengthy drug addiction

O'Hare

(30)

[2011] NSWCCA 252

s.95corporal violence

PG

(25%)

4y 10m

NPP 3y 4m

ADManslaughter – single punch – committed further offence while on parole for manslaughter – significant prior record

Assaulted shop assistant in toy shop – threatened with gun although did not have gun – punched and kicked – stole money from cash register

Dysfunctional and violent family – drug and alcohol issues

Newman

(24)

[2012] NSWCCA 69

Ass with intent s.95

 

 

Assault

 

2 x s.99(2)

corporal violencePG

4y 6m

NPP 2y 9m

 

 

FT 9m

 

18m

NPP 12m

(each)

 

Total

5y 6m

NPP 3y 9m

AA

4y 6m

NPP 2y 9m

 

FT 9m

 

18m

NPP 12m

(each)

 

Total

5y

NPP 3y 3m

driving offences and assault offencesWith group of offenders approached male victim sitting on front lawn in early hours of morning and punched him to face – offender and co-offender followed victim into house – offender punched victims and demanded money from victim and cousin – one episode

Renshaw

(32)

[2012] NSWCCA 91

s.95inflict ABH

PG

(25%)

1y 10m

NPP 12m

AA

to backdate sentence by 6mth

 

Robbed service station operator – lunged at victim and held victim in headlock – forced victim to open cash register - took $400-$700.

Alcohol addiction – remorse - successful attendance at strict residential rehabilitation course over 14 months – taken into account on appeal as quasi-custodial

Diep

(21)

[2013] NSWCCA 39

s.95inflict ABH

PG

(40% plea and assist)

4y 9m

NPP 2y 6m

AA

4y

NPP 2y

Nil

With co-offender robbed victim after seeing victim collect cash winnings from poker machines at club – followed victim back to his premises – grabbed victim around throat and punched repeatedly to face and head – went to casino and gambled money.

Gambling addiction – good family background - parity

Trindall

(42)

[2013] NSWCCA 229

3 x s.94

 

s.95

 

5 x summary offences

 PG

Aggregate

6y

NPP 4y

 

ADLengthy – includes AR – released to parole three months prior

Grabbed handbags from women – one victim fell to ground and injured

Aboriginal – difficult childhood – substance abuse

Bonett

[2013] NSWCCA 234

s.95

 

Take and drive conveyance

deprive liberty

PG

(20%)

3y 6m

 

1y

 

Aggregate

4y

NPP 2y

ADdriving offenceFemale – one of four offenders agreed to rob victim in his home – believed victim had been using 16y female co-offender for sexual favours – victim forced to take tablets and bound – male co-offender assaulted victim causing fracture to eye socket

Kukovec

(20)

[2014] NSWCCA 308

Aid and abet s.95corporal violence

PG

(25%)

3y 6m

NPP 2y

AA

2y 6m

NPP 2y 6m

record includes rob in company and assault – breached bail

Passenger on motorcycle – waited while co-offender approached female in car at train station – rocked vehicle, smashed window and punched victim – took handbag – returned to motorcycle and gave offender handbag

Early drug abuse led to metal health issues – heavily intoxicated at time of offence – residential rehabilitation on bail taken into account

James

[2014] NSWCCA 311

Acc after fact to s.95inflict ABH

PG

(50% plea and assist)

30m

NPP 20m

Crown AD

AA

18m

NPP 12m

Breached parole

Met up with victim in victim's car to discuss sale of drugs - co-offender approached car and robbed victim, taking gold chain and other items – sought to protect victim during attack - told victim not to go to police and slashed back tyre – feared he would be sent back to gaol

Difficult upbringing – drug addiction due to history of sexual abuse

J Mitchell

(19)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

M Mitchell

(24)

 

[2014] NSWCCA 33

s.95(1)

 

 

s.95(1)

 

 

s.97(1) – Rob in company

 

Agg BES

 

 

 

 

 

 

s.95(1)

 

 

s.97(1) – Rob in company

 

Agg BES

 

 

s.166

Assault

corporal violence

 

corporal violence

 

 

 

 

 

 

 

 

 

 

 

corporal violence

 

 

VG

 

 

PG

(25%)

 

 

 

 

 

 

 

 

 

 

 

VG

 

 

PG

(25%)

4y

NPP 1y

 

3y

NPP 18m

 

3y

NPP 18m

 

2y

NPP 1y

 

Total:

6y

NPP 3y

 

4y

NPP 18m

 

3y

NPP 18m

 

2y

NPP 1y

 

FT 6m

 

Total:

4y 9m

NPP 2y 3m

Crown AD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Crown AD

criminal record – dishonesty offences – breached conditional liberty

 

 

 

 

 

 

 

 

 

 

 

 

violence and dishonesty – breached bail

Brothers committed series of robberies – J arranged robbery and took mildly disabled man to ATM to withdraw $700 – M assaulted victim and took money – J and other offenders robbed 72y delivery man after kicking victim to face – several days later J ordered food delivery - delivery driver robbed by several offenders one of whom struck him to head with cricket bat – victim rendered unconscious – both offenders participated in break and enter of a house – occupant punched in head upon return

Extremely deprived childhood – mother a prostitute – early drug exposure and addiction – sexual and physical abuse – mental health issues

Crown appeal dismissed in view of evidence of progress in custody, imminent release date and parity

MacDonald

[2015] NSWCCA 280

s.95

 

 

s.86(1)

 

2 x indecent assault

deprive libertyVG

6y 6m

NPP 3y 6m

 

FT 4y 6m

 

FT 2y

 

Total

8y

NPP 5y

AD Approached female cleaner in her 60s at café in early hours of morning – obtained tools to break into cash registers – forced victim to help him smoke a cigarette – pushed victim with wooden mallet and threatened victim and family – stayed at café for 10-15 mins – forced victim to help him carry alcohol and cash registers to her car – forced victim to accompany him to isolated area – fondled victim's breast and genitals through clothing – allowed victim to leave

Melaisis

(27)

[2018] NSWCCA 184

s.95inflict ABHVG

3y

NPP 1y 10m

AA

1y 8m

NPP 1y 3m

AOABH, affray, supply drugs.

Seized victim's mobile phone during argument over parking space in car park – victim taking photo of offender's car - twisted victim's thumb causing temporary ligament damage - phone discarded by offender and recovered by victim - offence of short duration - not premeditated - overreaction

History of steroid abuse –low risk of re-offending – employed – favourable subjective circumstances

Kim

(37)

[2018] NSWCCA 254

​s.95use corporal violence
​PG

(25%)

​3y

NPP 18m

​ADrecord – alcohol related
​Followed female off bus and attacked her – victim fell to ground – punched victim 405 times with closed fist

Born in South Korea

Last updated: 12.11.2018

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