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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 - Armed - Dangerous Weapon - Multiple - s.97(2)

 

s.97(2) Crimes Act - Aggravated Armed Robbery with a Dangerous Weapon - Maximum Penalty 25y

s.4(1) Dangerous weapon means:
(a) a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or
(b) a prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or
(c) a spear gun.

Commenced 23.12.1994

Name/Ref
(age if known)

OffencesPleaSentenceAppealWeaponRecordOther Features

Pintos

(37)

[1999] NSWCCA 209

3 x s.97(2)PG

MT 4y

AT 2y

(each)

ADsawn-off shotgunLengthy including firearm offences.

3 x s.97(2)

Robbed two service stations and liquor store – first time fired shot into shelf after ordering attendant from room.

Heroin addict – contrition - two teenage children.

Dwight

(23)

[2000] NSWCCA 164

s.97(2)

 

 

3 x s.97(2)

 

Sched:

8 x AR

BES

2 x SMV

PG

MT 8y

AT 4y

 

FT 8y

(each – concurrent)

 

Total:

MT 8y

AT 4y

AD dishonesty and assault

4 x s.97(2)

Robbed liquor outlet, newsagencies and RSL Club in company of at least one other person.

Suffering paranoid disorder since accident but not linked to offences - funded gambling addiction.

Bavadra

(21)

(2000) 115 A Crim R 152

NSWCCA

s.97(2)

 

 

 

s.97(2)

 

s.97(2)

 

s.97(1)

 

s.97(1)

 

2 x Rob in Co

 

Sched:

11 similar offences

PG

MT 6y

AT 4y

 

 

FT 6y

 

FT 5y

 

FT 4y

 

FT 4y

 

FT 3y

(each)

 

(all concurrent)

Crown AA

9y

NPP 5y

 

FT 6y

 

FT 6y

 

FT 4y

 

FT 6y

 

FT 4y

(each)

 

Total:

12y

NPP 8y

handguns, loaded shotgun, knives, machetehistory of offending

3 x s.97(2) / 4 x s.97(1)

Robbed banks and retail premises over 22 months - all offences committed in company - customers and employees threatened and on two occasions people injured.

Fijian – youth - some remorse - drug and alcohol abuse.

Tuncbilek

(21)

[2000] NSWCCA 465

s.97(2)

 

 

s.97(2)

 

Sched:

2 x s.97(2)

Take conveyance

VG

6y

NPP 3y

 

FT 3y

(concurrent)

 

Total:

6y

NPP 3y

Crown AD replica pistol and handgunshistory of serious offences - offences committed on parole

2 x s.97(2)

Robbed newsagency and son of attendant with co-offender armed with replica pistol - also robbed bottle shop and female pedestrian.

On appeal - sentence inadequate except for intellectual disability and attention deficit disorder.

Itamua

(21)

[2000] NSWCCA 502

s.97(2)

 

 

 

41 x s.97(2)

 

s.97(2) Ass w/i to rob armed dang weapon

PG

MT 12y

AT 6y

 

 

FT 3y

 

FT 3y

 

(all concurrent)

AA

14y

NPP 8y

 

FT 3y

 

FT 3y

 

Total:

17y

NPP 11y

gunsnil in Australia

42 x s.97(2)

Offences committed over 4 months - involved in scheme with several other persons - 13 clubs and hotels robbed including individuals within premises.

Excellent prospects of rehabilitation - contrition and remorse

Bates

[2001] NSWCCA 374

Att s.97(2)

 

 

s.97(2)

PG

FT 2y 6m

 

 

7y 6m

NPP 5y

 

Total:

10y

NPP 7y 6m

AA

FT 2y 6m

 

6y 6m

NPP 4y 6m

 

Total:

8y

NPP 6y

shotgunpriors - on recog at time of offences

2 x s.97(2)

Attempted to rob TAB - co-offender discharged shotgun at lock in attempt to obtain access - robbed bank

On appeal - parity

Cosier

[2001] NSWCCA 513

Consp s.97(2)

 

s.97(2)

 

s.97(2)

 

 

Harbour escapee

 

Sched:

6 x s.97(2)

2 x SMV

PG

(50% for plea and assistance)

FT 6y

 

FT 6y

 

7y 6m

NPP 4y 6m

 

FT 17m

 

Total:

10y 5m

NPP 7y 5m

ADshortened lever action .22 calibre rifle and shotgun 

3 x s.97(2)

Conspiracy to abduct manager of local business and force to access to safe, detaining family until money obtained – thwarted by family dog – robbed conference centre and golf club armed with guns – staff threatened - tied up at first robbery and assaulted at second – harboured relative of wife who had escaped local prison – related offences on schedule

Assistance to authorities admitting involvement

Raad

(18)

[2002] NSWCCA 75

s.97(2)

 

 

 

97(2) – assault with intent to rob while armed

 

s.97(1)

 

Sched:

s.97(2)

4 other offences

PG

(25%)

6y

NPP 4y

 

 

6y

NPP 4y

 

 

FT 2y

 

(all concurrent)

AA

6y

NPP 3y

 

6y

NPP 3y

 

 

FT 2y

 

(all concurrent)

 

Total:

6y

NPP 3y

knife, replica rifle and replica pistolminor

2 x s.97(2) / s.97(1)

Robbed driver with knife - robbed person in foyer of hotel using knife and replica rifle - attempted to rob two men in street using replica pistol

Prior good character - good prospects of rehabilitation - contrition

Berrell

(32)

[2003] NSWCCA 85

5 x s.97(2)

 

 

s.97(2)

 

Sched:

6 x s.97(2)

5 further offences

PG

5y

NPP 3y 6m

 

10y

NPP 6y 8m

(concurrent)

 

Total:

10y

NPP 6y 8m

ADReplica pistolLengthy record – all local court offences

6 x s.97(2)

Robbed Fast Food outlets and pharmacies over two months – premeditated offences

Reasonable prospects of rehabilitation – drug addiction and serious depressive illness

El-Hage

(18)

[2003] NSWCCA 118

s.97(2)

 

 

s.97(2)

 

 

s.94 - assault with intent to rob

 

Sched:

2 dishonesty offences

PG

2y

NPP 12m

 

18m

NPP 9m

 

15m

NPP 9m

 

Total

3y

NPP 2y 6m Periodic Detention

 

(6m PSC)

ADFlick knifenil

2 x s.97(2)

Robbed 13 year old victim of credit card – withdrew $300 – threatened with flick knife – three weeks later demanded more money from same victim – with co-offender robbed person on train, threatening them with knife.

Mentally slow and suggestible.

Smith

(26)

[2003] NSWCCA 381

s.97(2)

 

 

 

Att Rob in Co

 

Rob in Co

 

 

Rob in Co

 

 

s.96 - Agg Rob with Corp Violence

 

Sched:

drug offences

PG

7y

NPP 4y 6m

 

 

FT 2y

 

4y

NPP 2y

 

FT 2y

 

 

FT 3y

 

Total:

7y 6m

NPP 5y 6m

Crown AA

11y

NPP 5y

 

FT 6y 6m

 

FT 8y

 

 

8y

NPP 6y

 

FT 6y 6m

 

Total:

15y

NPP 9y

gunbreached parole for rob in company – lengthy record

s.97(2) – 4 lesser robbery offences

Four offenders attempted to rob bank by breaking down door – thwarted by security screens – customers and staff present – four offenders robbed two banks causing injuries to staff members, security guard and 8y customer – two offenders robbed staff at supermarket causing minor injuries – three offenders robbed bank armed with crowbar and gun

Early drug addiction

Hooper

[2004] NSWCCA 10

s.97(2)

 

s.97(2) – assault with intent to rob while armed

 

s.97(2)

 

Mal discharge weapon to avoid apprehension

PG

(15%)

FT 8y

 

10y

NPP 6y

 

 

FT 8y

 

FT 5y

 

Total:

16y

NPP 12y

ADsawn-off riflelong record for less serious offences

3 x s.97(2)

With co-offender robbed newsagency armed with rifle – co-offender fired shot over shoulder of employee – co-offender shot at pursuing police during police chase – driver for co-offender who robbed second newsagency – female employee shot in chest during struggle – with girlfriend robbed service station – offender fired shot in direction of employee

Kain

[2004] NSWCCA 143

s.97(2)

 

 

s.97(2)

 

 

2 x SMV

 

Sched:

s.97(2)

VG

10y

NPP 6y

 

7y

NPP 5y

 

FT 3y

(each)

 

Total:

12y

NPP 8y

ADhandgunbreached bail

2 x s.97(2)

Robbed bank with co-offender – co-offender armed with handgun – offender armed with screwdriver – offender jumped counter and removed cash – stood watch while co-offender robbed credit union with handgun – schedule offence also involved robbery of credit union – stolen cars used in robberies

Gardner

[2003] NSWCCA 199

s.97(2) – assault with intent to rob while armed

 

s.97(2)

 

Sched:

8 offences

PG

(1/3rd plea and assist)

6y

NPP 3y 9m

 

 

8y

NPP 5y

(concurrent)

 

Total:

8y

NPP 5y

AD.22 calibre rifle 

2 x s.97(2)

With co-offender demanded drugs from male resident – subsequently robbed young employee at McDonalds shortly after 1am

Assistance to police

Mckeon

[2004] NSWCCA 232

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

2 x s.97(2)

 

 

 

s.97(2)

 

 

s.97(2)

 

 

5 x SMV

 

 

s.94

 

Sched:

s.97(2)

s.94

PG

 

 

VG

 

 

VG

 

 

PG / VG

 

 

 

VG

 

 

PG

 

 

PG / VG

 

 

PG

7y

NPP 5y

 

8y

NPP 5y

 

9y

NPP 6y

 

10y

NPP 6y

(each)

 

12y

NPP 8y

 

15y

NPP 6y

 

FT 2y / 3y

(concurrent)

 

FT 5y

(concurrent)

 

Total:

24y

NPP 15y

ADFirearms or replica firearmsBreached parole for previous armed robberies

7 x s.97(2)

Offences committed over 4 months – robbed credit unions and banks - total amount stolen: $93,000

Dimoski

(26)

[2004] NSWCCA 309

3 x s.97(2)

 

Sched:

2 x 97(2)

PG

4y

NPP 2y

AA

3y

NPP 18m

Imitation wooden knifeNil

3 x s.97(2)

Entered residence with co-offender mistakenly believing occupants drug dealers – demanded and took property

Evidence of rehabilitation – protective custody - assistance to authorities.

Street

(20)

[2005] NSWCCA 139

3 x s.97(2)

 

 

s.97(2)

 

 

s.97(1)

 

Carried in conveyance

 

Schedule:

8 offences

PG

(25%)

FT 5y

 

 

8y

NPP 5y

 

FT 4y

 

FT 2y

 

Total

11y

NPP 8y

AA

FT 5y

 

8y

NPP 5y

 

FT 4y

 

FT 2y

 

Total

10y

NPP 7y

firearmsSignificant record

4 x s.97(2) / s.97(1)

Robbed bowling club and hotels in company

Early drug addiction after father died

Yin

(25)

[2005] NSWCCA 138

s.97(2)

 

s.97(2)

 

s.97(2)

 

s.97(2)

 

 

s.97(1)

 

2 x s.97(1)

 

Sched

3 x s.97(1)

s.97(4)

s.98

PG

(25%)

FT 6y

 

FT 6y 6m

 

FT 7y

 

7y

NPP 4y 6m

 

FT 4y 6m

 

FT 6y

(each)

 

Total:

11y

NPP 8y 3m

AD

Guns

Knife

Numerous including prison terms

4 x s.97(2) / 3 x s.97(1)

Entered massage parlours and a bakery and took money and property from staff – some offences committed in company

Chinese immigrant – long-time heroin user with periods of detoxification – separated from mother of 7y daughter

Pitt

(42)

[2005] NSWCCA 304

s.97(2)

 

 

 

s.97(2)

 

 

Mal wound

 

Possess unauth firearm

 

Possess unregistered firearm

PG

4y 6m

NPP 3y

 

 

6y

NPP 3y

 

FT 3y

 

FT 2y

 

 

FT 2y

 

Total:

7y

NPP 4y

AA

3y 6m

NPP 2y

 

5y

NPP 2y

 

FT 2y

 

FT 1y

 

 

FT 1y

 

Total:

6y

NPP 3y

.357 calibre magnumless serious – alcohol related driving

2 x s.97(2)

Female – robbed service station and pizza place with magnum gun – intoxicated – 3m earlier, after drinking binge, cut wrists with knife and cut husband's throat

History of debilitating mental health problems and alcohol abuse causing brain damage

Spinks

[27]

[2005] NSWCCA 459

 

 

[2007] NSWCCA 52

 

Co-Accused:

LEA-CATON

s.97(2)

 

s.97(2)

 

 

s.97(2)

 

s.97(2)

 

Sched:

8 offences

PG

(25%)

FT 7y 9m

 

15y

NPP 8y 9m

 

FT 7y

 

FT 6y

 

(all concurrent)

 

Total:

15y

NPP 8y 9m

AD

 

 

 

 

Second AD

Shortened rifleLengthy – breached conditional liberty

4 x s.97(2)

Robbed newsagencies and bottle shops in company

Lea-Caton

[2006] NSWCCA 285

 

 

 

 

Co-Accused:

SPINKS

s.97(2)

 

 

s.97(2)

 

Sched:

5 x s.97(2)

4 offences

PG

8y

NPP 5y

 

8y

NPP 4y

 

Total:

10y

NPP 6y

AD  

2 x s.97(2)

No factual details given but see Spinks

On appeal argument accumulation to existing sentence.

Huang

(21)

[2006] NSWCCA 173

s.97(2)

 

 

 

s.97(1)

 

 

2 x s.97(1)

 

 

2 x Carried in Convey

 

2 x Assault

PG

7y 6m

NPP 5y

 

 

5y

NPP 3y

 

FT 2y

(each)

 

FT 12m

(each)

 

FT 12m

(each)

 

Total:

7y 6m

NPP 5y

Crown AA

7y 6m

NPP 5y

 

5y

NPP 2y

 

FT 2y

(each)

 

FT 12m

(each)

 

FT 12m

(each)

 

Total:

9y

NPP 6y

pistol and baseball batrobbery offences – breached condition liberty with first offences – breached bail and PD with second offences

s.97(2) / 3 x s.97(1)

Group of offenders approached warehouse in several vehicles including stolen car and truck – threatened gateman and drivers – one driver's arm broken with baseball bat – stole pallet of mobile phones – eleven months later group of offenders entered bank dressed as telephone workers – threatened staff with taser – tied up staff and took money - offences sophisticated and highly planned

Evidence of rehabilitation

Baroudi

(21)

[2007] NSWCCA 48

s.97(2)

 

 

2 x s.97(1)

 

 

3 x s.86(2)(a)

PG

(40% assist – discount for plea not quantified)

5y

NPP 3y

 

FT 2y 6m

(each)

 

FT 12m

(each)

 

Total:

6y

NPP 4y

ADnil 

s.97(2) / 2 x s.97(1)

With co-offender robbed chemist of money and drugs using pistol to threaten staff – s.97(1) offences involved robberies of hotel with co-offender using pistol to threaten staff – on one occasion three people tied up and detained in poker room –

Hudson

(23)

[2007] NSWCCA 302

4 x s.97(2)VG

6y

NPP 3y

(each)

 

 

Total

6y 9m

NPP 3y 9m

AA

5y

NPP 2y 6m

(each)

 

Total

5y 9m

NPP 3y 3m

Replica pistolMinor

4 x s.97(2)

Threatened four person parked in car with co-offender

Reasonable prospects of rehabilitation - parity

DB

(16)

 

 

 

 

 

 

 

 

 

 

 

 

DNN

(27)

 

(2007) 167 A Crim R 393

[2007] NSWCCA 27

s.97(2)

 

 

 

s.97(2)

 

 

s.97(2)

 

Sched

11 offences

 

 

 

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

Sched

19 offences

PG

(20%)

 

 

 

 

 

 

 

 

 

 

 

 

PG

(20%)

6y

NPP 4y

 

 

8y

NPP 6y

 

5y 7m

NPP 1y

 

Total:

12y 7m

NPP 8y

 

10y

NPP 6y

 

6y

NPP 2y

 

5y

NPP 1y

 

7y

NPP 1y

 

Total

16y

NPP 10y

AA

6y

NPP 3y

 

8y

NPP 4y

 

5y

NPP 2y

 

Total:

10y

NPP 6y

 

10y

NPP 6y

 

6y

NPP 3y

 

5y

NPP 3y

 

7y

NPP 3y

 

Total

12y

NPP 8y

Pistol / knife

Agg assault w/i/rob

 

 

 

 

 

 

 

 

 

 

 

 

Receiving, GIC.

3 x s.97(2) / 4 x s.97(2)

With co offenders robbed computer stores armed with pistol / knife – owners and / or employees tied up, threatened and struck.

Sua

(24)

[2007] NSWCCA 271

2 x s.97(2)

 

 

3 x s.97(2)

 

 

 

s.93G(1)(a)(ii)

 

Possess shortened firearm

PG

(15%)

FT 3y

(each)

 

7y

NPP 4y

(each)

 

FT 12m

 

FT 12m

 

Total:

13y

NPP 10y

ADSawn-off shotgunBreached parole for AR

5 x s.97(2)

Robbed mixed business, pharmacy and brothel

Early drug abuse

Baleiovalau

(27)

[2009] NSWCCA 153

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

PG

(20%)

6y 6m

NPP 4y 6m

 

6y 6m

NPP 3y 6m

 

5y 6m

NPP 3y 6m

 

Total:

10y 6m

NPP 7y 6m

ADFirearmSerious - similar offences - aggravated robberies, goods in custody.

3 x s.97(2)

With three co-offenders robbed credit union, business and hotel.

Drug addiction.

TA

(25)

[2009] NSWCCA 196

s 97(2)

 

 

s.97(2)

 

 

Attempt s.97(2)

VG

6y

NPP 4y

 

6y

NPP 4y

 

5y

NPP 3y

 

Total:

8y

NPP 6y

ADPistol Agg B&E - driving whilst disq – breached parole

3 x s.97(2)

With two co-offenders, using stolen vehicle, robbed two licensed premises and attempted to rob a third in one night – brandished pistol and co-offender had samurai sword - treats made to three separate groups of persons - more than $91k obtained from two premises – disguised, wore gloves and used two-way radios to communicate - significant degree of criminal professionalism - executed with degree of military precision.

Kidd

(53)

[2009] NSWCCA 229

s.97(2)

 

 

s.97(2)

 

 

Attempt s.97(1)

 

 

SMV

VG

8y

NPP 6y

 

10y

NPP 6y

 

6y

NPP 4y

 

FT 12m

 

Total:

16y

NPP 12y

ADfirearmsLengthy record although not as serious – breached bond

2 x s.97(2) / s.97(1)

Sophisticated level of planning – first home invasion involved robbery of female alone with children – attempted to rob bank but failed to gain entry – second home invasion involved considerable violence inflicted on male occupant and significant damage – old offences

Penfold

 

 

 

 

 

 

 

 

 

 

 

Ward

 

[2010] NSWCCA 61

s.97(2)

 

 

s.97(2)

 

 

Receiving

 

 

 

 

 

s.97(2)

 

 

s.97(2)

PG

(25%)

 

 

 

 

 

 

 

 

 

 

PG

(25%)

6y 9m

NPP 5y

 

18y

NPP 11y 6m

 

FT 2y

 

Total:

19y

NPP 12y 6m

 

6y 9m

NPP 5y

 

18y

NPP 13y 6m

 

Total:

19y

NPP 14y 6m

AD

 

 

 

 

 

 

 

 

 

 

 

AD

Shotgun; machete handle

"serious", on GBB

 

 

 

 

 

 

 

 

 

 

 

No prior offences of this type.

2 x s.97(2)

Robbed two victims of large amount of cash – shot male victim through window at close range – victim suffered horrendous and permanent injuries – struck female victim on head with machete handle – significant planning

Aguirre

(19)

[2010] NSWCCA 115

s.97(2)

 

 

 

s.97(2)

 

Agg SMV

PG

(25%)

6y

NPP 4y

 

 

FT 6y

 

FT 4y

 

 

Total:

12y

NPP 8y

AA

6y

NPP 4y

 

FT 6y

 

6y

NPP 4y

 

Total:

12y

NPP 8y

firearmsBreached bail

2 x s.97(2)

Robbed male victim of car threatening him with knives – robbed security truck with three co-offenders armed with firearms – 3 months later robbed armoured guards using semi-automatic weapons

Johnson

 

 

 

 

 

 

 

 

 

 

 

Moody

 

[2010] NSWCCA 124

s.97(2)

 

 

s.97(2)

 

s.97(2)

 

Sched:

s.97(2)

s.97(1)

s.95

 

s.97(2)

 

 

s.97(2)

 

s.97(2)

 

Possess prohibited firearm

 

Sched:

s.97(2)

s.97(1)

s.95

Possess prohibited firearm

PG

7y 10m

NPP 4y 10m

 

FT 4y

 

FT 4y

 

Total:

9y 10m

NPP 6y 10m

 

 

9y

NPP 6y

 

FT 5y

 

FT 5y

 

3y

NPP 2y

 

Total:

11y 6m

NPP 8y

AD

 

 

 

 

 

 

 

 

 

 

 

AD

Shortened .22 rifle

Driving and dishonesty offences

 

 

 

 

Serious record

3 x s.97(2)

Robbed fast food outlets armed with shortened .22 rifle – J drove car and M conducted robbery – offences committed over 5 weeks – some planning and preparation involved

Moore

(55)

[2010] NSWCCA 188

s.97(2)

 

 

 

s.97(2)

 

Sched:

2 offences

PG

(25%)

10y

NPP 8y

 

 

10y

NPP 8y

 

Total:

15y

NPP 10y

AA

10y

NPP 6y

 

10y

NPP 6y

 

Total

12y

NPP 8y

Replica toy pistolSimilar offences - breached parole

2 x s.97(2)

Robbed credit union using toy plastic gun – no actual violence – low level seriousness

Gambling problem

Lesi

(24)

[2010] NSWCCA 240

2 x Att s.97(2)

 

 

 

 

s.97(2)

 

 

s.97(2)

 

Sched:

9 offences

PG

(25%)

7y

NPP 4y

(each)

 

 

7y

NPP 4y

 

8y

NPP 4y

 

Total:

11y

NPP 7y

Crown AA

7y

NPP 4y

(each)

 

10y

NPP 6y

 

9y

NPP 5y

 

Total:

14y

NPP 10y

Pistols and shotgunsLengthy record including robbery

4 x s.97(2)

Robbed or attempted to rob banks and hotels with co-offenders – robbed employee of cash shop with pistol – large sums of money stolen

Heroin addiction from early age – spent 10 of last 14 years in prison

Bell

(21)

[2011] NSWCCA 14

3 x s.97(2)PG

5y

NPP 2y

(each)

 

Total

5y 3m

NPP 2y 3m

Crown ADFirearmAffray, common assault

3 x s.97(2)

First two offences occurred on same day at same bottle shop – third offence occurred on same day at different bottle shop – stole $1200 and two bottles of alcohol

Good prospects of rehabilitation – committed offences to pay off drug debts

McCarthy

(40)

[2011] NSWCCA 64

(2010) 206 A Crim R 131

s.97(2)

 

 

 

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

Att s.97(2)

 

 

s.97(2) – Assault with intent to rob while armed

 

3 x BES

 

Sched:

6 offences including  2 x s.97(2)

PG

(50% - plea and assist)

5y

NPP 3y

 

 

3y

NPP 2y

 

13y

NPP 5y

 

5y

NPP 3y

 

5y

NPP 3y

 

5y

NPP 3y

 

5y

NPP 3y

 

 

4y

NPP 2y

(each)

 

 

Total

18y

NPP 10y 6m

AA

5y

NPP 3y 6m

 

3y

NPP 2y

 

5y

NPP 3y 6m

 

5y

NPP 3y

 

4y

NPP 2y 6m

 

5y

NPP 2y 6m

 

4y

NPP 2y 6m

 

 

1y 3m / 1y 6m / 2y

NPP 9m / 1y /

1y 6m

 

Total:

7y 6m

NPP 5y 6m

Sawn off shotgunLengthy record – breached bail

7 x s.97(2)

Robbed victim on way to bank of $20,000 cash and $31,000 cheques – with co-offender robbed security guard of $50,000 – robbed several bowling clubs with co-offender threatening staff and patrons – broke into business premises and boarding house and stole property

Drug addiction – convictions for 6 offences based on confession alone – rehabilitation – remorse

Wilcox

(29-31)

[2011] NSWCCA 42

s.97(2)

 

 

 

s.97(2)

 

s 97(1) - assault with intent to rob while armed

 

Sched:

s.97(2)

Pervert course of justice

VG

 

 

 

 

 

PG

13y

NPP 8y

 

 

FT 6y

 

FT 6y

 

Total:

19y

NPP 14y

AA

12y

NPP 8y

 

FT 6y

 

FT 6y

 

Total

16y

NPP 12y

Sawn-off rifle and pistolRecord including one AR

2 x s.97(2) / s.97(1)

Robbed hotel with co-offender armed with sawn-off rifle and pistol –manager struck across nose by co-offender - $27,982.50 stolen – 21 days later robbed RSL in similar circumstances – stole $33,332.93

Jodeh

(18-19)

[2011] NSWCCA 194

s.97(2)

 

 

s.97(2)

 

s.97(2)

 

 

s.35(1)(b)

 

Sched:

2 offences

PG

(15%)

FT 4y

 

 

FT 4y 6m

 

10y

NPP 5y

 

FT 2y

 

Total

16y

NPP 11y

AA

FT 4y

 

FT 4y 6m

 

10

NPP 5y

 

FT 2y

 

Total

14y

NPP 9y

FirearmsNil – later offences breached bail for earlier offences

3 x s.97(2)

With co-offender held up security guard with revolver and stole $29,000 – 2 days later robbed taxi service with co-offender and took $17,000 – co-offender discharged 4-5 rounds from revolver – robbed security guard with two co-offenders and stole $72,241 – gun held to face of victim and another gun discharged – involved in group assault on doorman

Suffered serious injuries in motor bike accident prior to offences

Gebara

(23)

[2012] NSWCCA 107

2 x s.97(2)

PG

(20%)

5y

NPP 3y

(each)

 

Total

6y

NPP 4y

ADFirearms 

2 x s.97(2)

With co-offender robbed brothel – co-offender armed with 9mm handgun – no evidence handgun loaded – offender pushed doorman towards till – obtained $1400 - two days later offender waited in car while 2 armed co-offenders robbed supermarket – obtained $800 and cigarettes – offender drove car away – aware one co-offender armed

Long-term psychological issues – employed – supportive of his siblings and family.

Somba

(32)

[2012] NSWCCA 214

s.97(2)

 

s.97(2) – assault with intent to rob while armed

 

s.97(2) – assault with intent to rob while armed

 

Sched:

2 offences

PG

(15%)

FT 5y 6m

 

FT 5y

 

 

 

8y

NPP 5y

 

Total

11y

NPP 8y

ADFirearmsRobbery offences – released to parole 4 months prior to current offences

3 x s.97(2)

Armed robbery of bank with shotgun in company – stole $21,870 - two attempted armed robberies of banks in company – co-offender armed with pistol

Houri

(19)

[2013] NSWCCA 279

3 x s.97(2)

 

 

 

s.97(2)

PG

5y

NPP 3y 3m

(each)

 

5y 3m

NPP 3y 6m

 

Total

7y 3m

NPP 5y 6m

ADFirearmsNil relevant

4 x s.97(2)

Robbed three hotels around closing time armed with firearms and in company – inside information used

Difficult childhood – chronic back injury - depression

RD

(17)

[2013] NSWCCA 306

2 x s.97(2)

 

 

 

s.97(2)

 

Sched:

2 x s 97(2)

PG

(10%)

7y 3m

NPP 4y

(each)

 

8y 6m

NPP 4y 3m

 

Total

11y 3m

NPP 7y

ADknife, replica firearms, baseball bat, swordstealing, rob in co, BES

3 x s.97(2)

Robbed three hotels with co-offenders – various weapons – disguised in balaclavas – on first offence assaulted hotel patron.

Very difficult upbringing – drug and alcohol abuse from young age – Aboriginal background

Alvi

(25)

[2014] NSWCCA 191

4 x s.97(2)

 

 

2 x s.97(2)

 

 

 

2 x firearms offences

PG

(25%)

FT 3y

(each)

 

4y 6m

NPP 6m

(each)

 

FT 3y

 

Total

9y

NPP 5y

AA

(minor change to firearms sentence)

Revolver – not in working orderNil

6 x s.97(2)

Robbed service stations and convenience stores over several weeks

Good prospects of rehabilitation

Gaggioli

[2014] NSWCCA 246

3 x s.97(2)

PG

(25%)

5y 6m

NPP 3y

(each)

 

Total:

6y

NPP 3y 6m

ADBlack handgunLimited – breached bond

3 x s.97(2)

With co-offender followed three male victims who withdrew money – entered car where victims sitting and demanded they drive to new location – took money and possessions and left

Evidence of rehabilitation from drug addiction – genuine remorse – excellent prospects rehabilitation.

Rangihuna

(27)

[2015] NSWCCA 48

s.97(2) – assault with intent to rob while armed

 

s.97(2)

 

 

s.97(2)

 

Sched:

Larceny

Agg B&E

PG

(12.5%)

7y

NPP 5y 3m

 

 

5y 8m

NPP 4y 3m

 

5y 3m

NPP 2y 3m

 

Total:

11y 3m

NPP 8y 3m

ADReplica pistolArmed rob, AOABH

3 x s.97(2)

Entered hotel and robbed patron of $100 – offender armed with replica pistol and co-offenders armed with axe – robbed service station operator of $1500 armed with replica pistol and co-offender armed with knife– robbed hotel of $19k armed with pistol and co-offenders armed with pipe or bar – offences involved violence and threats to patrons and staff – concealed faces - offences very serious with great deal of violence – actual violence not just threats – level of planning

Few subjective factors - alcohol and illicit drug abuse from age of 16

Johan

(17-18)

[2015] NSWCCA 58

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

s.97(2)

 

 

s.7(1) Firearms Act

 

s.113(3)

PG

(25%)

 

(25%)

 

 

(15%)

 

 

(15%)

 

 

(25%)

 

 

(15%)

4y 6m

NPP 2y 6m

 

6y

NPP 3y

 

6y 9m

NPP 3y 6m

 

6y 9m

NPP 2y 9m

 

3y 9m

NPP 2y

 

5y

NPP 2y 6m

 

Total:

10y 6m

NPP 6y 6m

ADsawn-off shotgun / pistol / kniferecord – breached parole

4 x s.97(2)

Robbed newsagency alone armed with sawn-off shotgun – two offenders robbed fats food shop armed with shotgun and pistol – jumped counter and threatened staff – two offenders robbed bakery in early hours of morning armed with shortened firearm – two offenders robbed second fast food shop armed with knife – threatened staff

Found in possession of shortened rifle – in company with three co-offenders attempted to break into taxi base

Aboriginal with difficult and dysfunctional childhood – early drug abuse

Vai

19

[2015] NSWCCA 303

Att s.97(2)

 

 

4 x s.97(2)

 

 

 

Assault

VG

5y 6m

NPP 3y

 

7y

NPP 3y 6m

(each)

 

FT 6m

 

Total

10y

NPP 6y

ADRifle – AxeLengthy – violence and robbery – breached parole

6 x s.97(2)

Entered club with co-offender – offender armed with rifle – robbed four patrons of bags and wallets - threatened patrons – planned and violent invasion

Humphries

(34)

 

 

 

 

Ponfield

(24)

 

[2016] NSWCCA 86

 

[2016] NSWCCA 91

2 x s. 97(2)

 

 

 

 

 

2 x s.97(2)

VG

 

 

 

 

 

VG

7y 6m

NPP 5y

(each – concurrent)

 

 

6y

NPP 2y 3m

(each – concurrent)

AA

6y

NPP 3y 9m

(each – concurrent)

 

AD

Pistol, Knife

Agg BES – breached bail

 

 

 

 

Assault, AOABH, firearms, Agg BES – breached paroled

2 x s.97(2)

Robbed hotel with third co-offender – H armed with pistol – P armed with knife – stole two amounts of cash totalling $37k

On appeal - parity

Shahzad

(21-22)

[2016] NSWCCA 94

s.97(2)

 

 

s.97(2)

 

Consp s.97(2)

 

Sched:

Carried in stolen vehicle

VG

7y 4m

 

 

7y 3m

 

5y 3m

 

Aggregate

9y 6m

NPP 6y

AA

6y 9m

 

6y 8m

 

4y 10m

 

Aggregate

8y 9m

NPP 5y 6m

Pistol with silencer – knifeCommon assault

3 x s.97(2)

Robbed bottle shop and hotel with two co-offenders – staff and customers threatened with pistol and knife – observed carrying out surveillance for robbery of second hotel – no differences in culpability

Born in Pakistan – suffering PTSD and alcohol / drug abuse as result of traumatic experiences as young man after return for arranged marriage

On appeal issue of parity only

Zreika

(18)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elsaj

(18)

 

[2016] NSWCCA 177

 

 

 

 

 

 

 

Co-offender:

OK

2 x s.97(2)

 

 

s.97(2) – assault with intent to rob while armed

 

s.97(2)

 

s 97(1)

 

s.97(1)

 

Sched:

3 x 97(2)

 

 

s 98

 

 

s.97(2)

 

s.97(2)

 

s.97(1)

 

s.97(1)

 

Sched:

3 x s 97(2)

PG

(25%)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

(25%)

6y 6m

(each)

 

6y 9m

 

 

 

5y 6m

 

4y 3m

 

4y

 

Aggregate

16y 6m

NPP 11y 6m

 

7y 6m

NPP 5y

 

5y 9m

 

5y 6m

 

4y 3m

 

4y

 

Aggregate

15y 6m

NPP 10y 6m

AD

 

 

 

 

 

 

AD

Firearm; baseball bat

Serious.  On  bond.

 

 

 

 

 

Serious

4 x s.97(2) / 2 x s.97(1)

2 x s.97(2) / 2 x s.97(1) / s.98

Robberies of convenience stores and service stations – included other co-offenders - three or more offenders on all but one occasion - one offender always armed – firearms or baseball bat used - money stolen - victims directly threatened with firearm pointed at them - verbal threats – offenders sometimes had faces covered - Zreika more senior role.

s.98 offence (Elsaj) - victim struck to head by baseball bat - E armed with baseball bat and in company – machete also present - threats made to kill victim if money not produced

Each - youth – drug abuse – remorse – rehabilitation – special circumstances

Weismantel

(23)

[2016] NSWCCA 204

s 97(2)

 

 

2 x s.97(2)

 

 

s.154C Agg carjacking

 

s 98 – assault with intent to rob inflicting GBH

PG

(10%)

 

 

 

 

 

 

 

VG

(15% for conduct of trial)

5y 4m

 

 

5y 4m

(each)

 

2y 8m

NPP 18m

 

5y

NPP 3y

 

Aggregate:

8y 6m

NPP 4y 6m

Crown AA

7y 2m

 

6y 9m

(each)

 

3y 7m

NPP 2y 4m

 

6y 9m

NPP 4y 4m

 

Aggregate:

9y 6m

NPP 6y

Sawn off shotgun

Assault, possess drugs, damage property, assault, affray, armed with intent commit indictable offence.

On parole.

3 x s.97(2) / s.98

With co-offenders robbed cinema – offender armed with sawn-off shotgun, co-offender with axe - wearing head covering - took $500 from till and wallet containing $90 from patron - threatened staff and patrons – with co-offenders who were armed and wearing head coverings robbed hotel taking $3873 – s.98 offence - robbed restaurant, threatening staff member with knife.

Aboriginal- dysfunctional upbringing – alcohol and drug abuse from young age – serious mental health issues

OK

(17)

[2016] NSWCCA 318

 

 

 

 

 

 

Co-offenders:

ELSAJ

ZREIKA

s.97(2)

 

s.97(2)

 

2 x s.97(2)

 

 

s.97(1)

 

Sched:

2 x s.97(2)

Receive stolen property

PG

(25%)

4y

 

3y 6m

 

4y 6m

(each)

 

3y 6m

 

Aggregate:

11y

NPP 7y

AD

Baseball bat

 

(co-offender – rifle)

Nil

4 x s.97(2) / s.97(1)

With co-offenders robbed service stations over 11month period – lesser offender

Mild intellectual disability – some evidence of rehabilitation

Afu

[2017] NSWCCA 240

Att s.97(2)

 

s.97(2)

 

Accessory after s.97(2)

 

Possess proh weapon

 

Sched:

2 offences

PG

(10%)

4y

 

5y 10m

 

1y 9m

 

 

3y 6m

NPP 2y

 

Aggregate:

7y 6m

NPP 4y 6m

ADrifle, pistol and axe 

3 x s.97(2)

With co-offenders entered hotel, armed with rifle, pistol and axe - staff able to avoid confrontation – same evening offenders entered another hotel, threatened staff, armed with same weapons as earlier - took over $20,000 – vehicle used in robbery of third hotel tracked to offender's home where police found proceeds of robbery including rifle used in robbery

Last updated: 15.11.2018