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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 - With Wounding: s.96 

s.96: Commits offence under s95 and wounds or inflicts GBH - 25y 

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Binge

(35)

NSWCCA

6.4.1995

s.96 - woundVG

MT 6y

AT 4y

AD Victim confronted by three men in his house - punched and hit with stick - tied up - lost consciousness - instigator and inflicted victim's wounds.

MRB

(17)

NSWCCA

27.4.1998

s.96 - wound

 

Sched:

Mal wounding

Assault

PG

MT 3y

AT 3y

ADdrug, property and personal offences in Children's Court

Removed victim's wallet while being fellated by him in public toilet - stabbed victim three times in chest

Problems controlling anger.

Brincat

(17)

NSWCCA

18.9.1998

s.96 - woundPG

MT 27m

AT 2y

(PSC 1m)

AA

MT 2y

AT 2y

nil

Arranged with co-offender to rob 64y former landlady - entered house through ruse, secured victim and obtained several hundred dollars - placed cardigan over victim's head and hit her with iron pipe - principal

Favourable references - one third discount for assistance.

George

 

 

Johnson

 

[1999] NSWCCA 243

s.96 - wound

 

 

s.96 - wound

VG

 

 

VG

MT 5y 6m

AT 3y 6m

 

MT 5y 9m

AT 3y 3m

AD

agg BES

 

 

several

Met victim in bar and became friendly - later in evening robbed and assaulted victim - used broken beer bottles to cut victim - severe injuries - gratuitous brutal violence.

Pham

(25)

[1999] NSWCCA 225

s.96 - wound

 

Sched:

3 x GIC

Receiving

PG

MT 3y

AT 2y 6m

ADunknown

Robbed shop assistant with co-offender - armed with knife while co-offender armed with loaded pistol - struck victim with handle of knife

Drug problem

Haines

(26)

[2001] NSWCCA 256

s.96 - wound

PG

(1/3rd for plea and background)

4y

NPP 3y

ADpriors - previous custody

Female - with co-offender robbed taxi driver of $50 - held knife to victim's throat causing laceration - co-offender wounded victim in back

Aboriginal.

Karaman

(18-19)

[1999] NSWCCA 412

 

[2002] NSWCCA 48

(2022) 128 A Crim R 72

s.96 - wound

 

 

Rob in Company

 

SMV

 

Use offensive weapon

 

Sched:

GIC

Possess off weapon

PG

MT 7y 6m

AT 3y

 

FT 3y

 

FT 12m

 

FT 12m

(all concurrent)

AD

 

Crown AA

(failure to give assistance)

12y

NPP 9y

record includes assault and BES

One of group of males who robbed victims of money and jewellery in city – punched one victim to face – Five months later with two co-offenders entered pawn shop – offender carrying knife – two male proprietors stabbed in neck and face

Drug use – low intelligence

Failure to give promised assistance at trial of co-offender

Teoka

(22)

 

 

Lloyd

(18)

 

 

ADM

(17)

 

[2004] NSWCCA 373

s.96 - GBH

 

 

 

s.96 - GBH

 

 

 

s.96 - GBH

PG

(20%)

 

 

PG

(20% on appeal)

 

PG

(15%)

10y

NPP 6y

 

 

10y 9m

NPP 6y 9m

 

 

11y

NPP 7y

AA

(to backdate sentence)

 

10y

NPP 6y

 

 

10y

NPP 6y

Assault – breached bail

 

 

rob in company – breached bail

 

 

robbery – no previous imprisonment

Punched and kicked male victim until unconscious – serious injuries - ADM took wallet – T instigated assault – ADM instigated robbery

T – remorse – upset at time of offence over breakdown in relationship with de facto – good prospects of rehabilitation

L – remorse – disturbed childhood

ADM – no remorse – more culpable than others

Nasher

(18)

[2005] NSWCCA 238

s.96 - GBH

PG

(18%)

6y

NPP 3y

AA

4y

NPP 2y

Minor record as juvenile; offences in breach of bail

Attacked acquaintance from school – thought friends were going to rob victim – fractured victim's jaw and took $100 – jealous of victim's comfortable financial situation

Eldest of 8 children in dysfunctional family – sexually abused as a child – good employment record – good prospects of rehabilitation

Not all pre-sentence custody taken into account at first instance

Maisey

[2005] NSWCCA 347

s.96 - GBH

PG

(25%)

9y

NPP 5y 9m

ADNot stated but breached parole

Victim physically abused offender's sister – offender went to victim's flat with friend to get shoes he had given his sister – punched victim when he opened door – took victim's wallet – victim jumped off balcony and sustained serious injuries with chronic back pain

Remorse – family loyalty

Collins

(19)

[2006] NSWCCA 162

s.96 - woundVG

8y

NPP 5y

AA

To backdate sentence only

On bond - dishonesty, assault, AOABH, larceny.

Female - slashed victim's handbag strap with knife taking $500 – offence committed with victim's estranged husband – knew victim vulnerable with spinal injury and using crutch.

Background of heroin and prostitution - paranoid personality disorder.

Thomas

(20)

[2007] NSWCCA 269

s.96 - wound

 

 

 

s.97(1) - Rob in Co

PG

(15%)

 

 

VG

3y 5m

NPP 18m

 

 

3y 6m

NPP 18m

 

Total:

4y

NPP 2y

Crown AA

4y

NPP 2y

 

4y

NPP 2y

 

Total:

5y

NPP 3y

nil – second offence breached bail on first offence

In company of co-offender pursued male stranger on street at night, kicked him while on ground and struck him with bottles in bag - stole beer bottle – opportunistic – leader - circumstance of aggravation was use of corporal violence

6 weeks later one of four youths who stopped and assaulted male walking in park – victim pushed and kicked and briefcase stolen

Carriage

[2009] NSWCCA 147

s.96 - wound

PG

(25%)

2y 8m

NPP 18m

Crown AA

to remove assistance discount

4y

NPP 2y 3m

 

One of two men who attacked taxi driver sitting in parked car – no further details

Given one third discount for nominating co-offender – subsequently at trial of offender claimed he had nominated wrong person

MW

(17)

[2010] NSWCCA 324

s.96 - wound

PG

(35% plea and assist)

3y 3m

NPP 1y 9m

AA

2y 9m

NPP 1y 6m

limited

Part of groups who assaulted and robbed male at train station in early hours of morning – not instigator of offence

Long delay between arrest and sentence - aboriginal

JT

(16)

[2011] NSWCCA 128

s.96 - GBH

PG

(25%)

6y

NPP 3y 2m

ADassault offences – larceny – breached bonds

In company of co-offender assaulted 14y victim asking for money – kicked and stomped on victim's head – victim rendered unconscious –violence sustained and substantial.

Substance abuse – troubled youth - longstanding anger problems.

SJ

(17)

[2011] NSWCCA 160

s.96 - wound

PG

(15%)

5y 11m 12d

NPP 3y 2m

ADNil

Leader of five youths who attacked 14y male on street at night – victim punched and stomped on head – shoes, wallet and wristwatch stolen – premeditated attack – leader seeking to maintain his reputation

No remorse

Lobsey

[2012] NSWCCA 239

s.96 - GBHPG

7y 6m

NPP 5y

ADLengthy including violence

Grabbed bag from 73y female in car park causing her to fall heavily – continued to pull bag dragging victim across ground – victim broke neck of femur and had hip replacement

Genuine contrition – drug and alcohol user

IS

[2017] NSWCCA 116

s.96 - GBH

 

 

 

s.195(1)(b)

PG

(15%)

6y 9m

NPP 3y 9m

 

 

15m

NPP 9m

 

Total:

7y 3m

NPP 4y 3m

AA

5y

NPP 2y 10m

 

15m

NPP 9m

 

Total:

5y 6m

NPP 3y 4m

Earlier offences resulting in non-custodial sentences

Approached female sitting in parked car – grabbed car keys and bag and tried to drag victim from car – punched victim in face when she got caught in seat belt – drove off in car – later destroyed car by fire – offence spontaneous and committed in company

Aboriginal with upbringing dominated by parental criminal activity, substance abuse, severe and chronic neglect and familial violence – resulted in foster care – early drug use – remorse and some good prospects of rehabilitation

Failure to give sufficient weight to Bugmy principles

Last updated: 20.9.2018

 

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