Back to Top

Back to Sentencing Tables Index

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 - Multiple - 97(1) - 1992-1998

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, or
stops any mail, or vehicle, railway train, or person conveying a mail, with intent to rob, or search the same,
shall be liable to imprisonment for twenty years. 

(Aggravated Armed Robbery under s.97(2) commenced 23.12.1994) 

Case
(age if known)

OffencesPleaSentenceAppealWeaponRecordFacts

Bishell
NSWCCA

18.2.1992

9 x s.97(1)

 

Sched:

AR

BES

Receiving.

PG (early)MT 12y
AT 4y
ADIncluded sawn-off firearmsARRobberies on small businesses. 2 victims wounded.

Daly

(33)

NSWCCA

12.5.1992

4 x s.97(1)


Attempt s.97(1)

 

2 x Aid & Abet s.97(1)

PG

MT 3y

AT 10m

(includes PSC)

ADLoaded gunNo mentionFemale involved in armed robs on post offices, banks and TABs – aware gun was loaded - drove car, entered premises on one occasion when gun discharged by co-offender causing minor injury.
Whole-hearted assistance to authorities - at risk

Bettini
(young)

NSWCCA

13.4.1993

3 x s.97(1)

 

Sched:

6 x AR

PGMT 5y
AT 3y
ADgunminorRobbed small businesses - one 10y victim – threat to blow head off.

Marsden

NSWCCA

15.4.1993

2 x s.97(1)PG

MT 6y

AT 2y

AA

MT 4y 6m

AT 3y 6m

unloaded pistolnil

With co-offender robbed petrol station - spur of the moment - using inside information robbed pay roll of $20,000 with co-offender - $4,000 recovered.

Significant character evidence

Jenkyns

NSWCCA

19.5.1993

3 x s.97(1)

 

Sched:

misc offences

PGMT 15y
AT 5y

AA
MT 12y

AT 5y

shotgunlong record including AR in NSW & Qld, and other violence

Clubs, hotels and TABs - on one occasion people locked in safe

Appeal allowed on basis of Ellis discount.

Waldron

NSWCCA

3.3.1994

3 x s.97(1)VG

MT 4y

AT 6m

AD  Bank and TAB

Mackenroth

(31)

NSWCCA

3.3.1994

2 x s.97(1)

 

Rob in Co

PG

MT 10y

AT 3y 4m

AA
MT 8y

AT 3y

replica pistollong record, parole for ARBanks

Snedden
(26)

NSWCCA

28.3.1994

3 x s.97(1)PG

MT 7y

AT 2y

AA
MT 6y
AT 2y
Gun

drugs & dishonesty

nil prior gaol.

Home invasion by offender posing as Comet delivery man - female at each house - one house had couple over 80 (one had had tooth knocked out).

Assistance led to arrest of co-offenders.

Walters &

Watkins

(1994) 33 NSWLR 612

2 x s.97(1)PG

MT 3y

AT 1y

Crown AA

MT 4y

AT 1y

(failed to give evidence)

revolver and loaded shotgunlong records, including drugs

Robbed acquaintance at home of amphetamines - robbed 61y shop proprietor - victim hit on head with wood. Watkins (female) stayed in car

1y discount for assistance

Salameh

(32)

NSWCCA

9.6.1994

7 x s.97(1)

 

Sched:

3 x SMV

Stealing

PG

4y 6m MT

3y AT

ADrifle and replica pistollong: drug related record including AR

First four offences in four successive days – 3 offences in ten days 4 months later - service stations, liquor shops, chemist, fast food shop and furniture shop.

Early admissions (Ellis discount) and assistance – offences occurred when relapsed into heroin use.

Montgomery

(56)

NSWCCA

4.7.1994

3 x s.97(1)

 

Sched:

3 matters

PG

MT 6y

AT 6y

AA

MT 5y

AT 5y

loaded firearmAR in Qld 3y later

Theft of payrolls

Volunteered guilt when arrested in Qld - sentence concurrent with Qld sentence.

Montgomery

NSWCCA

28.9.1994

s.97(1)

 

Attempt s.97(1)

PG

MT 6y

AT 2y

AA

(to vary start date)

knifelong, including 8 AR - on parole.On both occasions held knife to throat of bank customer - no money on first occasion - $16,070 on second occasion.

Chigot

(29)

NSWCCA

5.4.1995

3 x s.97(1)

 

 

SMV

 

Possess HBI

 

2 x BES

 

Sched:

4 x BES

PG

MT 5y

AT 5y

 

FT 3y

 

FT 3y

 

FT 3y

 

(all concurrent)

ADknife – replica plastic pistolAR, dishonesty, drugs, fraud – breached bond and bail

Used replica pistol and knife to rob mixed business – used knife to rob two pharmacies next day – found in possession of screwdriver, torch and bolt cutters – admitted to break and enter offences

Onerous custodial conditions

Goldie

(37)

NSWCCA

7.4.1995

3 x s.97(1)PG

MT 8y

AT 3y 6m

AA

MT 6y 6m

AT 3y 6m

pistol

On parole - multiple BES, AR, rob, assault.

Previous custody.

On three occasions, armed with pistol, robbed security guards of $120,000, $75,000, $17,000 and revolvers

Assistance to police – fear for safety.

Amohanga

(20)

NSWCCA

25.5.1995

2 x s.97(1)PG3y GBB

Crown AA

MT 2y

AT 1y

(conc)

knife and screwdriveron recog

On both occasions forced acquaintances to drive to ATM and stole money

Plea entered at sentence indication hearing.

Godinez

(19)

NSWCCA

26.6.1995

2 x s.97(1)PG

MT 1y

AT 2y

ADknifeOn recog - stealing, assault, AOABH.  No previous custody.With co-offender held up two teenage boys taking small amount of money and clothing.

Bargashoun

(30)

NSWCCA

3.11.1995

2 x s.97(1)

 

Sched:

11 offences

PG

MT 5y 6m

AT 3y 6m

ADfirearmlengthy

Robbed victims while taking business takings to bank - planned offences – principal - offences committed nine days apart.

Drug addict.

Lane

(22)

NSWCCA

3.11.1995

2 x s.97(1)

 

Sched:

3 x GIC

SMV

PG

MT 3y 6m

AT 2y 6m

(concur)

ADshotgunminor

With co-offender robbed service station on two occasions - gun unloaded.

Good prospects of rehabilitation.

Murray

(55)

NSWCCA

7.11.1995

 

NSWCCA 12.9.1996

5 x s.97(1)

 

Possess shortened firearm

 

Armed with intent to commit AR

PG

Total

MT 8y

AT 7y

AA

Total

MT 6y

AT 7y

knife – imitation revolver - shotgunappalling record as a juvenile – nil subsequent relevant record until these offences

Robbed credit union of $54,000 armed with silver gun – found in possession of shortened .22 semi-automatic rifle – armed intending to commit robbery of payroll worth $100,000 – robbed pharmacy of $3,200 goods armed with imitation revolver – robbed same pharmacy four months later of $2,200 armed with shotgun – 6 months later robbed same pharmacy of $1,100 armed with knife – robbed real estate agency of $7,975 worth of property armed with imitation revolver

Motivated by heroin addiction

On appeal fresh evidence of ill health

Cross

(51)

NSWCCA

14.12.1995

2 x s.97(1)

 

 

 

s.97(1)

PG

 

 

 

VG

MT 6y

AT 2y

(concurrent)

 

MT 3y

AT 1y

 

Total

MT 7y 6m

AT 2y

ADreplica pistolextensive – breached parole

Robbed 7-Eleven store using replica pistol – tried to rob convenience store using replica pistol – left when attendant threw box of drinks at offender – sentenced by different judge on earlier occasion for robbery of service station

On appeal considered totality

Idato

(62)

NSWCCA

22.5.1996

2 x s.97(1)VG

MT 6y

AT 2y

AD nil relevant - no previous custody.Offences occurred three months apart - home invasion robberies.

DM

NSWCCA

27.5.1996

2 x s.97(1)

 

 

 

Att s.97(1)

 

 

Possess prohibited weapon

PG

MT 4y 6m

AT 2y 3m

(each)

 

MT 4y 6m

AT 2y 3m

 

FT 12m

 

(all concurrent)

ADpistolrecord included imprisonmentRobbed cellars and ANZ bank using pistol – attempted to rob second bank – offences committed over several weeks – one binge of criminality

Tocknell

(18)

NSWCCA

28.5.1998

3 x Assault w/i to rob while armedPG

300h CSO

Griffiths Remand

Crown AA

CSO confirmed

2y GBB

Knife and tomahawkNil

Attempted to rob three businesses for money for food and drugs - injected self with amphetamines first - all three victims refused to hand over money - attempts almost ludicrous.

History of psychiatric problems.

Eminoni

NSWCCA

22.6.1998

8 x s.97(1)

 

Sched:

Supply heroin

Possess heroin

FTA

PG

MT 5y

AT 3y

ADreplica automatic pistolbail

Robbed businesses, mostly Post Offices - total $13,000 - careful planning - money used for drugs.

Brain injury but no indication it influenced offences.

Basaga

NSWCCA

19.8.1998

s.97(1)

 

Attempt s.97(1)

PG3y PD

Crown AA

MT 2y

AT 1y

screwdriver

knife

 Robbed liquor shop with 2 other persons - threatened 62y employee with screwdriver - obtained $433 from till and left when customer arrived - tried to rob Australia Birth Control Services but no money on premises.

7.12.2018