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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 - Single - s.97(1)

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. 

NAME
(age if known)

OFFENCEPLEASENTENCEAPPEALWEAPONRECORDINVOLVEMENT & SUMMARY

Henry

(23)

[1999] NSWCCA 107

s.97(1)

 

 

 

Rob in company

 

Sched:

Administer heroin

PG

MT 1y 6m

AT 4y

 

 

MT 1y 6m

AT 4y

(concurrent)

Crown AA

MT 3y 6m

AT 2y

 

MT 3y 6m

AT 2y

(concurrent)

KnifeMV theft, drugs, mal damage, dishonesty – no previous custody – second offence breached bail for first offence.

Robbed service station attendant of $810 - cut telephone wires when leaving - robbed general store assistant of money from till with co-offender - pointed knife at victim's ribs.

Heroin addict - unsuccessful rehabilitation attempts - remorse.

Jenkins

(1999) 106 A Crim R 149

NSWCCA

s.97(1) - Assault with intent to rob whilst armedPG

MT 3y

AT 1y

AA

FT 2y

Knifeold priors not relevant

Demanded $20 from shop assistant, leaving store when alarm activated.

Prior good character – regret - immediate admission of guilt.

Tran

(18)

(1999) 106 A Crim R 149

s.97(1)

 

Sched:

Supply drug, GIC

PG3y 6m GBB

Crown AA

MT 2y

AT 1y 6m

(35% - assistance)

Replica pistolpossess shortened firearm, possess proh weapon, possess drugs – on recog and probation

With 2 co-offenders entered video shop wearing balaclavas - pointed replica pistol at victim and demanded money - $600 plus money and credit card taken.

Late plea guilty – some attempt at rehabilitation

Stahl

[1999] NSWCCA 160

s.97(1)

 

Sched:

Public mischief

PG

MT 3y

AT 2y

ADKnifeBES, possess prohibited plant

Robbed taxi driver of keys, wallet and money - held knife to victim's throat.

Bipolar disorder - heroin addict – remorse - co-operation with authorities.

Collier

[1999] NSWCCA 137

s.97(1)

 

Sched:

Larceny

PG

MT 1y 10m

AT 2y 2m

ADSyringe filled with red liquidDrug and drug related offences

Robbed chemist of drugs wearing hood over face.

Drug addict

Hockey

(43)

[1999] NSWCCA 149

s.97(1) – Assault with intent to rob while armedPG

MT 3y

AT 2y

ADpocket knifeminor record – breached bondAttempted to rob pharmacy attended by 70y female – threatened to cut her with knife and forced open till – left when victim's husband approached

Baker

[1999] NSWCCA 150

s.97(1)

 

Sched:

5 offences

PG

MT 2y 4m

AT 9m

ADKnifeLengthy

Entered home of 89y victim with impaired vision and hearing, living alone - took $30 and bank withdrawal form filled in by victim

Female drug addict.

Ah-See

(32)

[1999] NSWCCA 175

s.97(1)VG

MT 4y

AT 3y

ADKnifedishonesty, supply heroin, receiving – previous custody – breach of recog at time of offence.

With shirt pulled over head robbed bowling club of money from till - unpremeditated, amateurish effort.

Aboriginal affected by alcohol and methadone withdrawal - rehabilitation prospects.

Mangan

[1999] NSWCCA 194

s.97(1)VG

MT 7y 10m

AT 2y 7m

AA

MT 6y

AT 2y

GunArmed rob in company (Qld), dishonesty, drugs, possess firearms – previous custody.

With co-offender robbed garden centre safe of $9000 - both wore dust masks - pointed gun at store manager.

Married with children.

Simon

[1999] NSWCCA 224

s.97(1)PG

MT 3y

AT 2y 6m

AA

MT 2y 3m

AT 3y

Blood filled syringeExtensive – dishonesty, mal injury, drugs, assaults, steal from person – much previous custody.

Entered service station with t-shirt hiding his face - threatened staff taking $75 - money recovered.

Heroin addict - married with young child - offence committed to pay wife's traffic fines - no permanent home - on Rohypnol – contrition - State ward at 14 - semi-literate - tragic background.

McCarroll

[1999] NSWCCA 237

s.97(1)

 

Sched:

GIC

4 x BE&S

PG

MT 6y

AT 2y

AA

MT 5y

AT 3y

RevolversLengthy – BE&S, GIC, SMV, larceny, self-admin drugs, stealing with violence whilst armed (Qld) – previous custody.With co-offender entered supermarket and robbed two Armaguard employees of $42,500 and two firearms - well planned offence.

Flood

 

 

 

 

 

 

 

Flood

 

[1999] NSWCCA 240

s.97(1)

 

 

2 x SMV

 

s.90A

 

 

s.97(1)

 

 

2 x SMV

 

s.90A

PG

 

 

 

 

 

 

 

PG

MT 3y 6m

AT 2y 6m

 

FT 2y

 

FT 3y

(all concurrent)

 

MT 3y 6m

AT 2y 6m

 

FT 2y

 

FT 3y

(all concurrent)

AD

 

 

 

 

 

 

 

AD

fishing knife

breached bond

 

 

 

 

 

 

 

breached parole

Brothers together approached 19y male and forced him into back seat of his car – drove around to several locations and robbed victim of property

Elleissey

[1999] NSWCCA 299

s.97(1)PG

MT 18m

AT 2y

ADKnifemultiple theft, assault, BE&S, drugs

Robbed newsagent of $600.

Heroin addict - special circumstances.

Webster

[1999] NSWCCA 313

s.97(1) PG

MT 6m

AT 3y 6m

Crown AA

MT 12m

AT 3y

Blood filled syringemalicious damage, shoplifting – no previous custody.

With co-offender robbed convenience store of $410 and tobacco in early hours of morning.

Drug addiction - family support - married with child.

Young

[1999] NSWCCA 275

s.97(1)PG

MT 3y

AT 3y

AA

MT 2y 6m

AT 2y

Knifeassault, drugs, malicious damage, driving – no previous custody.

While watching TV show boasted he could commit a robbery - left house affected by alcohol and amphetamines and robbed service station of $2415.

Dysfunctional and violent family background - drug use – immature - impetuous and amateurish offence - genuine remorse - good rehabilitation.

Stranglemen

[1999] NSWCCA 343

s.97(1)PG

MT 2y 6m

AT 10m

AA

MT 18m

AT 13m

(35% - assistance)

Knifenil

With co-offender robbed service station of $200 and cigarettes - co-offender threatened victim with knife – offender also had knife in pocket.

Employed - reliable worker - stable relationship - assistance to police

Horne

[1999] NSWCCA 391

s.97(1)PG

MT 7m 7d

AT 18m

Crown ADKnifeOne prior (not specified)

With co-offender wearing balaclavas robbed service station of $44 and cigarettes - co-offender threatened victim with knife - lesser role than co-offender.

Female - drug abuse - resumed career upon release from gaol - family support - ideal prisoner.

Freeman

[1999] NSWCCA 394

s.97(1)

 

Sched:

BES

PG

MT 4y

AT 3y

ADKnifebad record

Robbed Service Station with three other men.

Aboriginal with deprived childhood - addicted to alcohol and drugs

Mastronardi

(27)

[2000] NSWCCA 12

(2000) 111 A Crim R 306

s.97(1)

 

 

Conceal serious offence

PG3y Recog

Crown AA

3y PD

 

1y PD

knifenil

Took taxi with two acquaintances believing they would pay fare – during trip acquaintances produced knife and syringe and robbed driver – failed to report offence to police – next day took part in robbery of second taxi driver with same acquaintance – received money for drugs

History of drug abuse – seriously assault in custody – difficult background

Thompson

[2000] NSWCCA 15

s.97(1) – Assault with intent to rob while armedPG

MT 18m

AT 2y 6m

ADknifeextensive record

Female – approached taxi driver with small folding knife and demanded money – struggled with victim and nearby security guard

Difficult background – at time of offence under influence of drugs after distressing personal news – pregnant at time of sentence

Armstrong

[2000] NSWCCA 16

s.97(1)PG

MT 3y

AT 3y

ADSyringedaunting record

Robbed service station, punching proprietor in struggle - not sophisticated offence.

Early admissions to police - genuine remorse - drug addiction - assistance to authorities.

Stanley

[2000] NSWCCA 432

s.97(1) 

MT 4y

AT 3y

AA

MT 3y

AT 2y

Knifeprior convictions – offence committed on recog and after 2 days of parole

After release from gaol stayed with friend - went next door armed with knife to obtain drugs - 18y visitor had no knowledge of drugs – gave $20 when assaulted

Aboriginal – itinerant lifestyle – addicted to drugs and alcohol.

Zaia

[2000] NSWCCA 52

s.97(1)

 

Sched:

BES

 

MT 3y

AT 2y

AA

MT 2y

AT 2y

Knifenil

Robbed pie shop with kitchen knife.

Female who become addicted to heroin recently through male partner

Sua

(16)

[2000] NSWCCA 94

s.97(1)PG

MT 3y

AT 2y 6m

AA

MT 2y 6m

AT 2y 6m

Pistolprior convictions including violence and robbery

Forced way into private hotel, threatened manager with pistol and tied him to bed.

Significantly disturbed childhood culminating in drug abuse - some positive signs of rehabilitation.

Stones

(26)

[2000] NSWCCA 341

s.97(1)

 

 

Carried in conveyance

VG

MT 4y 6m

AT 2y 6m

 

FT 1y

(concurrent)

ADknifebreached recognisanceRobbed jewellery shop armed with knife in company of co-offender – left in stolen car – some degree of planning

Coombes

[2000] NSWCCA 349

s.97(1)PG

MT 3y 6m

AT 2y 6m

AA

3y 6m

NPP 2y

knife 

Robbed male in park with co-offender – took credit cards - knife held to victim's throat - offender kneed and punched victim.

Assistance to authorities.

Majstrovic

(34)

[2000] NSWCCA 420

s.97(1)PG

MT 4y 6m

AT 1y 6m

AA

6y

NPP 3y

toy pistollengthyRobbed saleswoman at bottle shop of $270.

Doorey

(25)

[2000] NSWCCA 456

attempt s.97(1)PG

MT 2y

AT 2y

ADpocket knifeprior criminal record – offence committed while on bond

Borrowed jumper and beanie, walked from local party and attempted to rob service station - unable to open register after attendant fled - offence committed at night

Personality disorder – substance abuse – vulnerable in prison

Thornbury

(19)

[2000] NSWCCA 526

s.97(1)VG

MT 3y 8m

AT 1y 6m

AA

5y

NPP 2y 9m

12cm knifelong record with diverse offences

Robbed service station staffed alone by middle aged woman at 8pm - held knife against chest of victim

Parents strongly influential in fostering offender's attitude to crime - Aboriginal with deprived background.

Yucel

[2000] NSWCCA 532

s.97(1)PG

4y

NPP 3m 2d

Crown AA

3y

NPP 1y 6m  (PD)

 

(PSC 3m 2d)

knife 

Robbed electronics story of nearly $3,000 worth of property.

Impressive subjective features – good prospects of rehabilitation

On appeal sentence not full time custodial because of delay in appeal and impressive rehabilitation.

Hickson

(20)

[2001] NSWCCA 113

s.97(1)PG

4y

NPP 2y

AA

2y 6m

NPP 1y 4m

knife 

Robbed service station pursuant to plan formed with three co-offenders – offender existed service station to find other offenders left and forced to flee on foot – arrested over a year later

Readily confessed and assisted – prospects of support and rehabilitation

Russon

(35)

[2001] NSWCCA 166

s.97(1)

 

 

 

Assault police

PG

6y

NPP 4y

 

 

FT 2y

(concurrent)

AA

6y

NPP 3y

 

FT 2y

(concurrent)

kniferecord since 18y – breached parole

Threatened and robbed taxi driver with knife – left without money when alarm activated – threatened arresting police officers with wood

Long history of personality disturbance and drug abuse

Bavin

[2001] NSWCCA 167

s.97(1)

 

 

s.90A

VG

3y

NPP 2y

 

FT 12m

Crown ADgun Arranged with co-offender to rob friend of his car at gunpoint – co-offender approached offender and victim then forced victim to drive off in car with co-offender – maintained facade of non-involvement with victim and police – car later found burned out – planner and initiator of offence

Goundar

(18)

(2001) 127 A Crim R 331

[2001] NSWCCA 198

s.97(1) – Aid and Abet

PG

(20%)

18m

NPP 7m

Crown AA

2y 6m

NPP 12m

machetenilDrove co-offenders to and from armed robbery of service station – employee threatened with machete – offender aware of weapon – significant criminality as driver fully aware of offence

Noonan

(33)

[2001] NSWCCA 237

s.97(1)

 

 

2 x Att dispose property

PG

2y 6m

NPP 1y 3m

 

FT 1m

(concurrent)

ADscissorsnil relevant

Female – jumped out of car and grabbed bag from female pedestrian – victim surrendered two bags when she saw scissors

Drug user seeking money for drugs – prospects of rehabilitation

Elkurdi

(25)

[2001] NSWCCA 240

s.97(1)PG

5y

NPP 3y

ADknifeextensive recordRobbed shop causing superficial injuries to proprietor.

Hughes

(19)

[2001] NSWCCA 264

s.97(1)

 

Sched:

Passenger in conveyance

PG

4y

NPP 3y

AA

4y

NPP 2y

 not bad record

Robbed jewellery shop with three co-offenders - one offender armed with knife forced staff into rear office.

Difficult and unhappy childhood.

Thompson

(23)

[2001] NSWCCA 278

s.97(1)

 

 

 

2 x BES

 

Sched:

8 x BES

2 x BE with intent

PG

10y

NPP 7y

 

 

FT 2y

 

Total:

12y

NPP 9y

AA

8y

NPP 5y

 

FT 2y

 

Total:

10y

NPP 7y

knifelengthy record including armed robbery – breached parole

Broke into various commercial premises to steal money – robbed bank using knife – jumped counter and threatened female teller holding knife to throat – left knife behind 'for fingerprints' and made admissions to sister – mid-range offence

Alcohol problems – risk of institutionalisation – traumatic childhood – need for extended supervision

Elkaddour

(24)

[2001] NSWCCA 302

s.97(1)PG

6y

NPP 3y 6m

ADkniferobbery, assaultTied up victim in own home - threat to kill – demanded money and jewellery.

McCormack

(32)

[2001] NSWCCA 360

s.97(1) – Assault with intent to rob while armed

PG

(15% on appeal)

8y

NPP 6y

AA

6y 8m

NPP 5y

knifelengthy – breached parole

Approached female at ATM, placed her in headlock, threatened her with knife and demanded money – victim pulled to ground - offender ran off when she struggled and screamed

Disturbed childhood – some prospects of rehabilitation

Moore

[2001] NSWCCA 454

s.97(1)

 

Sched:

Possession of drugs and equip

PG

4y 6m

NPP 2y 6m

ADpiece of timberextensive and discouragingThrough window saw ladies in back room of escort agency counting money - spontaneous decision to rob them using timber found in backyard.

Boney

(18)

[2001] NSWCCA 432

s.97(1)

 

Sched:

Take and drive conveyance

PG

3y

NPP 18m

AA

2y 6m

NPP 1y 3m

screwdriverlengthy – on parole at time of offence for robbery in company

Robbed commercial premises with younger brother – threatened victim with screwdriver – unplanned offence

Aboriginal with deprived background – juvenile brother received non- custodial sentence

Bushell

(26)

[2001] NSWCCA 462

s.97(1)VG

3y 6m

NPP 1y 6m

AA

2y

NPP 1y 1m

scissorslengthy – related to drug addiction

Obtained cigarette from victim on train holding scissors in threatening manner – demanded $5 - towards bottom of scale of seriousness – spur of moment.

Fresh evidence suffering schizophrenia

Akbary

[2001] NSWCCA 491

s.97(1)

 

Sched:

AR

PG

4y 6m

NPP 2y 6m

ADmeat cleaver or meat hammerextensive

Threatened shop keeper for cigarettes and money – not well planned.

Recently released from psychiatric hospital – suffering serious mental illness

Hunter

(45)

[2001] NSWCCA 530

s.97(1)

 

Sched:

assault

PG

7y

NPP 3y 6m

ADknifeprior conviction for AR

Approached mother with young children at ATM – placed knife to throat of 9y daughter – took money and left

Suffering schizophrenia

Henry

[2001] NSWCCA 521

s.97(1)

PG

(30%)

4y

NPP 2y

ADsyringeshoplifting offences

Held up mixed business using syringe – struggle ensued when shopkeeper's wife struck offender.

Remorse – some success in reducing drug dependency

Wilson

(21)

[2002] NSWCCA 65

s.97(1)

 

 

s.99

 

Sched:

2 offences

PG

(20%)

3y 4m

NPP 1y 8m

 

FT 1y

(concurrent)

Crown ADsyringerecord includes robbery offences – breached parole

With co-offender woke up passenger on train and demanded money using threat of syringe – took mobile phone – later that night demanded money from male

Protective custody

Philips

(29)

[2002] NSWCCA 167

s.97(1)PG

6y

NPP 3y

ADknifeprior convictions with no gaol – breached bond and bail

Robbed taxi driver with de facto – victim suffered slight cut to chin – stole taxi

Recent death of child resulted in drug addiction for both offenders – good prospects of rehabilitation – traumatic upbringing and psychological problems

Ryan

(24)

[2002] NSWCCA 171

s.97(1)

PG

(15%)

5y

NPP 3y 9m

AA

4y

NPP 2y 6m

knifelengthy

Aboriginal woman robbed shop in company with co-offender – co-offender more significant role

Drug addiction – possible brain damage – dysfunctional life – mother of young son.

Cross

[2002] NSWCCA 172

Att s.97(1)

 

 

 

Drive in conveyance

 

Sched:

BES

PG

6y

NPP 2y 5m

 

 

FT 9m

(concurrent)

AA

4y

NPP 2y

 

FT 9m

(concurrent)

syringe filled with red fluidnil serious

Attempted to rob news agency – left without money when female called out for husband – left in stolen vehicle

Prior good character – shattered by tragic death of girlfriend - rehabilitation

Walker

(32)

[2002] NSWCCA 178

s.97(1)

PG

(25%)

6y

NPP 3y 6m

ADreplica gunlengthy and escalating – on parole and suspended sentence for similar offencesPointed gun at 17y schoolboy and searched schoolbag for mobile phone.

Pearson

(36)

[2002] NSWCCA 256

s.97(1)

 

Sched:

minor drug matter

PG

(25%)

4y

NPP 2y 3m

ADvegetable knifelittle

Robbed newsagency while disguised and screaming abuse

Troubled childhood led to early drug abuse – failed to comply with Griffiths remand to assist drug rehabilitation

Hayes

(25)

[2002] NSWCCA 237

s.97(1)

PG

(45% plea and assist)

4y

NPP 3y

AA

3y 4m

NPP 2y 2m

blood filled syringenot relevant

Robbed service station using balaclava and blood filled syringe – limited planning

Long term addiction – genuine contrition

Knight

(19)

[2002] NSWCCA 12

s.97(1)

 

Sched:

possess heroin

PG

(25%)

5y 3m

NPP 3y

ADknifeprior for possession of drug – on bond

Broke into girlfriend's parents' house after first cutting off electricity – demanded money from victims in bed – took handbag containing $5000 - money recovered

Bike accident caused psychological and physical effects and resulted in drug addiction – remorse

Parsons

(19)

 

 

 

 

 

Poore

(20)

 

[2002] NSWCCA 296

s.97(1)

 

 

 

 

 

 

s.97(1)

PG

 

 

 

 

 

 

PG

2y PD

 

 

 

 

 

 

2y PD

Crown AD

AA

2y PD

NPP 18m

 

 

 

Crown AD

miniature sword

priors for PHBI and BES

 

 

 

 

 

nil

Flatmates robbed pizza delivery man and took car – met with third person to remove stereo system – equal culpability

Exceptional circumstances for both offenders included difficult and violent childhoods, depressive and psychological illness, severe financial problems and evidence of rehabilitation

King

[2002] NSWCCA 365

s.97(1)VG

7y

NPP 5y 3m

Conviction ADobject disguised as gun Waited in car for female victim – pushed object into her back telling her it was a gun – forced her into restaurant and stole money

Weldon

[2002] NSWCCA 308

s.97(1)PG

6y

NPP 4y 6m

AA

6y

NPP 3y

knifearmed robbery

With two co-offenders robbed jewellery store armed with knife - took staff into rear office - took $250,000 worth of jewellery and $3000 cash - goods and cash recovered.

Depressed state - Aboriginal background.

Sullivan

[2002] NSWCCA 312

s.97(1)

PG

(17.5% on appeal)

4y 6m

NPP 2y 9m

AA

4y 1m

NPP 2y 3m

knifemalicious wounding

Robbed female with knife – grabbed bag and pushed victim to ground

Failure to take into account pre-sentence custodial rehabilitation

Howarth

(44)

[2002] NSWCCA 387

s.97(1) - Assault with intent to rob

PG

(20%)

8y

NPP 6y

AA

6y 6m

NPP 4y 10m

knifeon parole for AR

Telephoned police and advised of robbery – entered post office and attempted robbery – threatened man with knife

Co-operated with police – preferred to return to custody

Dodd

(2002) 135 A Crim R 32

s.97(1)VG

7y

NPP 4y 6m

ADknifeon bail and bond – extensive recordRobbed male in own home in company with juvenile co-offender

RMK

(15)

[2002] NSWCCA 414

s.97(1)

 

Sched:

Rob in Company

PG

4y

NPP 18m

AA

3y

NPP 15m

knifenil

With co-offender approached Asian couple in park – demanded and received money – produced knives and threatened victims – male cut on hand and cheek – stole more cash

Refugee from Sudan with no parents – evidence of rehabilitation – parity

Tuifua

(18)

[2002] NSWCCA 420

s.97(1)

 

 

s.94 – steal from person

 

Sched:

AOABH

Mal damage

GIC

PG

5y

NPP 3y

 

FT 2y 6m

 

Total:

6y 20d

NPP 4y 20d

ADdumbbell and knifesubstantial – breached parole and recognisance

One of group of men who approached victim in car – victim punched and kicked by offender and another – car keys and phone taken from victim – one of two men who entered unit and threatened occupants with dumbbell and knife picked up in unit – stole property

Disadvantaged childhood – some evidence of rehabilitation prospects

Ebsworth

(24)

[2002] NSWCCA 465

s.97(1)

 

Sched:

Carried in conveyance

PG

5y

NPP 3y 9m

ADbaseball batrecord for similar offences – breached parole

Armed with baseball bat and in company of 2 co-offenders robbed liquor store – left in stolen car

Disturbed and dysfunctional family background

Azzi

[2003] NSWCCA 10

s.97(1)

 

Sched:

AR

PG

(25%)

2y suspendedCrown ADpiece of wood 

With co-offender robbed service station – similar offence committed four days earlier

Intellectual disability – sentence inadequate but crown unable to show suitable arrangements can be made for vulnerability at periodic detention

Inamata

(24)

(2003) 137 A Crim R 510

[2003] NSWCCA 19

s.97(1)

 

 

SMV

VG

8y 6m

NPP 5y

 

FT 1y 6m

 

Total:

10y

NPP 6y 6m

ADpistolrecord for serious offences including robbery offences – escapee at time of offending

Robbed bank with co-offender who was armed with pistol – left with $57,217 in stolen car

Early drug abuse

Bryant

(23)

[2003] NSWCCA 34

s.97(1) - Assault with intent to rob

PG

(25%)

5y

NPP 3y

ADknifesimilar offences

Entered bakery seeking money for food

Profoundly affected by death of father – early drug addiction – reasonable prospects of rehabilitation

Luu

(21)

[2003] NSWCCA 39

s.97(1)

 

Sched:

GIC

VG

8y

NPP 5y

ADknifeno prior imprisonment – on bail for demand money with menaces offences

With 3 co-offenders surrounded 19y victim on street in broad daylight – took wallet and PIN and withdrew $800

Heroin addiction

Lyndon

(38)

[2003] NSWCCA 152

Att s.97(1)PG

5y

NPP 3y 9m

AA

5y

NPP 3y 6m

small pistollengthy

Attempted to rob female operator of service station in early hours of morning – left without money as car pulled up

Appeal against effect of accumulation to existing sentence

Vincent

(22)

[2003] NSWCCA 112

s.97(1)PG

3y

NPP 1y

Crown ADKnifeNil

Entered car of female and threatened her with knife – impulsive offence

Genuine contrition – protective custody – family support – need for early treatment for psychotic illness

Russell

[2003] NSWCCA 279

s.97(1)PG

7y

NPP 4y

AA

6y

NPP 3y

Gunminor

With co-offender robbed convenience store threatening with gun and wearing balaclavas – took cigarettes and alcohol – cut telephone lines before leaving.

SJ erroneously sentenced for s. 97(2)

SY

(41)

 

 

 

 

 

 

KS

(39)

 

[2003] NSWCCA 291

 

KS

[2005] NSWCCA 87

s.97(1)

 

 

2 x assault

 

Sched:

2 x stealing

 

s.97(1)

 

 

Assault

 

Assault

PG

(25%)

 

 

 

 

 

 

PG

(25%)

3y 6m

NPP 2y 3m

 

3m

(each – concurrent)

 

 

3y

NPP 2y

 

FT 3m

 

FT 6m

(concurrent)

Crown AD

 

 

 

 

 

 

 

Crown AA

5y

NPP 3y

 

 

 

Crown AD

replica pistols and iron bar

supply and possession – breached bond for unlicenced driving

 

 

 

 

possession – driving and shortened firearm

Four offenders committed robbery on Sports Club in early hours of morning – one co-offender employee of sports club and gave access to remaining offenders – staff members threatened and assaulted

SY – born in Iran – suffering PTSD, depression and addiction – entitled to additional discount for assistance

KS – born in Iran – drug addiction – some assistance

 

Subsequent Crown appeal after failure to give promised assistance dismissed in exercise of discretion

Olson

[2003] NSWCCA 349

s.97(1)

PG

(43% plea and assist on appeal)

5y

NPP 3y 9m

AA

4y 3m

NPP 3y 2m

KnifeAppalling record

Waited in car while co-offender followed female from club and robbed her of handbag using knife

Insufficient discount for assistance against co-offender

Dang

(20)

[2003] NSWCCA 338

s.97(1)

PG

(25%)

4y 6m

NPP 2y 6m

ADKnifeNil

Robbed store

Drug addiction – genuine remorse – good prospects of rehabilitation

Ambrosi

(2004) 144 A Crim R 67

[2004] NSWCCA 23

s.97(1) – assault with intent to rob while armedVG

6y 6m

NPP 4y

ADknife and screwdriverbreached bond and bailEntered convenience store with female partner with intention to rob – left with no money

Reynolds

[2004] NSWCCA 51

s.97(1)

 

Sched:

Larceny

PG

4y

NPP 2y

Crown AD

Sentence inadequate but dismissed due to Crown delay

KnifeRobbery - on parole.

Robbed post office of approx $500 armed with knife.

Drug abuse.

Kane

(28)

(2004) 144 A Crim R 496

s.97(1)VG

8y

NPP 6y

ADKnife and brickExtensive

Robbed TAB at night armed with knife and brick – threats of violence

Heroin abuse

Hemsley

(29)

[2004] NSWCCA 228

s.97(1)

PG

(20% on appeal)

6y

NPP 4y 6m

AA

3y

NPP 2y

Syringe filled with bloodPrior convictions for less serious offences

Female - robbed hairdresser

Dysfunctional childhood and personal background – borderline personality disorder and major depression – failure to give appropriate reduction for mental illness

Fry

(34)

[2004] NSWCCA 238

s.97(1)

 

PGFT 12mCrown ADToy gunBreached parole – lengthy record – spent most of adult life in custody

Robbed pharmacy using toy gun

Evidence of rehabilitation – assistance to authorities – proposed release to full time residential program – failure to provide appropriate supervision upon release from custody prior to commission of offence – delay in Crown appeal

Makhoul

(33)

[2004] NSWCCA 275

s.97(1)

 

 

Receiving

VG

 

 

PG

5y

NPP 2y 6m

 

FT 10m

 

Total:

5y 4m

NPP 2y 10m

ADkniferecord

Two offenders wearing balaclavas robbed bottle shop – offender prodded male employee with knife

Some evidence of drug rehabilitation

Randell

(20)

 

 

McAlister

(18)

 

[2004] NSWCCA 337

s.97(1)

 

 

 

s.97(1)

PG

 

 

 

PG

6y

NPP 4y

 

 

5y

NPP 3y

AA

5y 3m

NPP 3y 6m

 

4y

NPP 2y 6m

Knife

Sign record – BE, larceny - breached parole

 

Minor juvenile record w recent rob in comp – subject to bond at time of off

Home invasion at night on home of acquaintance – searching for drugs – young female at home alone – mobile phone stolen and resold by R

R: significantly deprived upbringing – studied at TAFE

McA: low average intellectual ability – some employment history and favourable character evidence – no previous custodial sentence.

Martin

(19)

[2004] NSWCCA 416

s.97(1)

 

Sched

s.97(1)

GIC

PG

(15%)

5y 4m

NPP 4y

AA

5y 4m

NPP 3y 3m

gun14 priors, mainly in Children's Court; on bail at time of offence

In company, robbed man of wallet and mobile on street – hit victim on nose with gun

Dysfunctional family – substance abuse – youth – now studying – special circumstances found

Youkhana

(32)

[2004] NSWCCA 412

s.97(1)

PG

(25%)

6y 4m

NPP 4y 3m

AA

5y 3m

NPP 3y 3m

Replica pistolBreached bail for offence of interfering with dead body

Robbed manager of Club with co-offender – three employees bound – video tapes removed - $81,000 stolen

Iraqi born - married with children – reasonable prospects of rehabilitation – failed to take into account effect of accumulation

Jones

(31)

[2004] NSWCCA 432

s.97(1)

PG

(25%)

6m

(concurrent to other sentences)

Crown AA

3y

NPP 2y

Empty syringe and needleLengthy record – breached parole

Stole handbag from man waiting in car – struggle – delay in detection

Drug addiction

Nikolovski

(36)

[2005] NSWCCA 60

s.97(1)

 

 

Detain for advantage

 

5y

NPP 3y 9m]

 

3y

NPP 2y 3m

 

Total:

5y 3m

NPP 4y 6m

ADsyringeregrettable record

Approached 19y female attempting to leave her car and threatened with syringe – demanded money – made victim stay in car while he tried her bank card – returned to car and drove off with victim – continued to threatened her, forcing her to wear a beanie – dropped her in bush land – spontaneous offences

Drug addiction – remorse – poor childhood

House

(40)

[2005] NSWCCA 88

s.97(1)

PG

(15%)

4y 6m

NPP 3y

ADTyre leverLengthy record for dishonesty offences – breached paroleWith co-offender robbed retail premises forcing occupants into chiller room.

Vincent

[2005] NSWCCA 135

s.97(1)

PG

(25%)

4y

NPP 2y

Crown AA

6y

NPP 3y

Baseball bat and knifeBreached parole for multiple AR – offence committed two weeks after release

Female - with 14y son forced entry into unit – female occupant pushed and threatened – property and car stolen – angered by allegation of sexual abuse by son – originally intended to assault victim

Aboriginal with drug addiction, mental illness and history of sexual abuse

Collins

(48)

[2005] NSWCCA 198

s.97(1)

 

Sched

3 x GIC

PG

3y

NPP 15m

ADKnifeMinor

Female – robbed video store using knife – in possession of goods from break and enter committed by de facto partner

Contrition – good prospects of rehabilitation

McNamara

(28)

[2005] NSWCCA 195

s.97(1)

PG

(15%)

8y

NPP 4y 6m

AA

6y

NPP 3y 6m

GunPrior convictions including custody

Robbed football club – co-offender carried pistol – not aware weapon was a gun

Supportive partner with 2 children

Collins

(48)

[2005] NSWCCA 198

s.97(1)PG

3y

NPP 15m

ADknifeinsignificant

Female – robbed video store of $100

Long history of drug and alcohol addiction – contrition – genuine prospects of rehabilitation

Wicks

(24)

[2005] NSWCCA 213

s.97(1)

 

Sched:

3 x GIC

PG

3y

NPP 8m 28d

(immed release)

Crown ADKnifeMinor criminal record – breached bond

Female robbed store using knife

Suffering chronic schizophrenia exacerbated by custody – parole revoked prior to appeal

Hardy

(26)

[2005] NSWCCA 294

s.97(1)

PG

(10%)

6y

NPP 4y 6m

AA

6y

NPP 3y 6m

Gun (replica?)Lengthy; in custody for last 4 years – breached conditional liberty

In company, entered elderly couple's home and took female's handbag – bag found with contents intact

DV background – heart condition caused by drug use – now on methadone and motivated to deal with addiction

DV

(22)

[2005] NSWCCA 319

s.97(1)

 

Sched:

2 x Assault

PG

3y

NPP 27m

Periodic Detention

Crown ADPistolNil

Employee let three co-offenders into club – employees threatened with pistol

Crown appeal when failed to give evidence at second trial of co-offender

Murphy

(2005) 158 A Crim R 375

s.97(1)

PG

(22%)

4y 3m

NPP 3y

AA

3y 6m

NPP 2y 3m

  

Female – involved in robbery of security guards - lesser culpability than co-offenders but still vital role

Parity

Moore

(18)

[2005] NSWCCA 407

s.97(1)

 

 

s.95 – aggravated robbery

PG

(60% plea and surrender)

21m

NPP 10m

 

21m

NPP 10m

 

Total:

25m

NPP 14m

ADknifenil

Grabbed pizza delivery driver around neck and claimed to have knife – took $120 – on separate occasion robbed taxi driver at knifepoint

Telephoned police and voluntarily surrendered – seeking help for drug addiction – evidence of rehabilitation

Gadsden

[2005] NSWCCA 453

s.97(1)

 

Sched:

s.97(1)

PG

200h CSO

4w PSC

Crown ADBaseball batNil

3 males threatened and robbed young pedestrian – pressured by co-offender

Genuine remorse – 4 weeks PSC – assistance – excellent prospects of rehabilitation – good employment record – exceptional case

Bichar

(32)

[2006] NSWCCA 1

s.97(1)

PG

(10%)

3y

NPP 18m

ADSyringeMinor

Robbed train passenger using syringe

Suffered PTSD from army service and brain injury from accident at work – drug abuse

Ross

(18)

(2006) 160 A Crim R 526

s.97(1)VG

5y

NPP 2y 6m

AA

4y

NPP 2y

KnifeCriminal record

Robbed passenger at trial station – knife not wielded against victim – no pre-planning

Unhappy and dysfunctional upbringing – mild developmental disability caused by frontal lobe damage – stole money for food – drug addiction – prospects of rehabilitation

Buonocore

(24)

[2006] NSWCCA 159

s.97(1)

 

Sched:

s.97(1)

PG

7y

NPP 4y 6m

ADKnife / firearmNilWith co-offender robbed female taking pharmacy takings to bank – male employees robbed in similar circumstances on subsequent occasion – driver of getaway vehicle – former employee of pharmacy – careful planning – prime mover

Olive

[2006] NSWCCA 329

s.97(1)

PG

(25% plus Henry discount)

2y 3m

NPP 15m

ADSyringe 

Attempted to rob video store with syringe – grabbed female proprietor

Good prospects of rehabilitation.

MacDonald

(23)

[2007] NSWCCA 105

Att s.97(1)

 

Sched:

Armed with intent

PG

(16-17%)

5y

NPP 2y

ADSyringe filled with red liquidUse offensive weapon to avoid detention

Attempted to rob liquor store – attacked by attendant with baseball bat – repeated attempt 6 days later

Drug addiction – mental illness

Liao

(25)

[2007] NSWCCA 132

s.97(1)

PG

(25%)

6y

NPP 2y 9m

ADKnife and rolling pinNil

Lured landlady into bedroom – threatened with weapons – assaulted – tied up and gagged over prolonged period – planned offence – higher than mid-range seriousness

Chinese student

Ersman

(19)

(2007) 171 A Crim R 560

s.97(1)PG

6y

NPP 3y

AA

5y

NPP 2y 6m

KnifePrior convictions

Three offenders robbed 44y female in car park of railway station at night

Borderline disabled – maladjusted – difficult background – drug and alcohol problems

Wilson-Winship

(23)

(2007) 172 A Crim R 505

s.97(1)

PG

(25%)

3y 9m

NPP 2y 3m

Crown AA

6y

NPP 3y

Sledgehammer

Long history of drug related offences – breached parole.

BES, AOABH.

Armed robbery of bank - smashed bank window with sledgehammer -  stole $60,577.73

Drug addiction - offence committed for purchase of drugs - prospects of rehabilitation

Legge

(18)

[2007] NSWCCA 244

s.97(1) - assault with intent to rob

PG

(35% plea and assist)

2y 7m

NPP 1y 4m

AA

2y 7m

NPP 10m

Knife Nil

Approached male victim at ATM in shopping centre – demanded money and told victim he had a knife – victim was plainclothes police officer.

Offence committed under duress from other persons who had planned the robbery.

Simpson

(29)

[2007] NSWCCA 348

s.97(1)VG

6y

NPP 4y

AA

4y 6m

NPP 3y

KnifeStealing, Robbery in company

Female - approached female victim – told victim to give her bag - threatened and scuffle ensued – bystanders came by and held offender.

Difficult background - drug abuse rehabilitation  – reason to give rehabilitation prominence in sentencing.

Sheridan

(35)

[2008] NSWCCA 14

s.97(1)

 

Schedule:

Goods in custody

PG

(25%)

8y

NPP 6y

ADPistol (unverified on sentence)Extensive - armed robbery, assault with intent to rob – breached parole

Robbed newsagency of $800 – victim unable to verify actual weapon - planned offence

Little prospect of rehabilitation – drug abuse.

Veale

(2008)181 A Crim R 149

[2008] NSWCCA 23

s.97(1)

 

 

 

SMV

 

10y

NPP 7y 6m

 

 

2y

NPP 18m

(concurrent)

AA

8y

NPP 6y

 

2y

NPP 18m

(concurrent)

PVC tubinglengthy record – breached parole

Drove into car park – ran and female grabbed bag and returned to car – victim carrying $20,000 cash service station takings – driving in car stolen previous evening – considerable planning – victim vulnerable

Disturbed background

Ryan

(18)

[2008] NSWCCA 198

s.97(1)PG

3y

NPP 15m

ADKnifeNil

Robbed service station attendant armed with knife – stole money and cigarettes – robbery filmed on CCTV and screened on television – no response from public but applicant attended police station with parents and made full admissions.

Strong subjective case – voluntary disclosure - affected by death of cousin – alcohol abuse – depression.

Wilson

[2008] NSWCCA 245

s.97(1)

 

 

 

Take and drive conveyance

 

Sched:

Carried in conveyance

PG

(25%)

6y 6m

NPP 4y 9m

 

 

2y

NPP 1y 6m

 

Total:

6y 9m

NPP 5y

AA

6y 6m

NPP 4y 6m

 

2y

NPP 1y 6m

 

Total:

6y 9m

NPP 4y 9m

shortened non-functioning shotgunbreached conditional liberty – extensive record

With co-offender robbed bank armed with shotgun while co-offender armed with black pistol – held open door while co-offender took cash – stolen car offense unrelated to robbery – laundered money through poker machines – shotgun in working condition but unloaded

Long term drug user

Ahmed

(35)

[2008] NSWCCA 305

s.97(1)

 

Sched:

5 offences

PG

7y

NPP 3y 6m

ADKnifeSignificant record - armed robbery, robbery with offensive weapon - breached parole.Robbed pedestrian - produced  knife, asked for cash and threatened to stab male victim – victim handed over backpack containing cash and credit cards.

Brown

(2009) 193 A Crim R 574

s.97(1)

 

Sched: Robbery

PGs.11 CSPA (Griffiths Remand)Crown ADKnife 

Robbed victim of mobile phone on city street – threatened victim with knife.

Out of character – personal circumstances led to clouded judgement

Waugh

(32)

[2010] NSWCCA 3

s.97(1)

 

Sched:

Att SMV

PG

5y

NPP 3y

ADKnifeBreached bond – lengthy record

Robbed service station armed with knife – told employee he would not hurt her – took $102.

Troubled background with physical and sexual abuse – extensive history of substance abuse – suffering mental condition at time of offence

Field

(28)

[2011] NSWCCA 13

s.97(1)

PG

(25%)

3y 9m

NPP 2y

Crown ADFirearmBES, assault, possess implements

With co-offender attended home of victim from whom had previously purchased drugs – pointed firearm at victim demanding money and drugs – took mobile phone and cigarettes

Abusive childhood – mild intellectual disability and mental illness – alcohol and drug abuse – no formal qualifications – special circumstances to allow for rehabilitation – first period of lengthy imprisonment

Sukkar

(29)

[2011] NSWCCA 140

s.97(1)VG

2y

NPP 10

Crown AA

3y

NPP 10m

Knife (used by co-offender)nil

Drove co-offender to scene of robbery – waited in car while co-offender entered premised then drove co-offender away – co-offender threatened shopkeeper with knife and took money.

Good character.

Manifest inadequacy but completed NPP so dated sentence so offender not returned to custody.

Turner

(37)

[2011] NSWCCA 189

s.97(1)

 

Sched:

Stealing

PG

(25%)

4y 6m

NPP 2y 9m

AA

3y 6m

NPP 1y 9m

Syringe 

Threatened nurse and doctor with needle at hospital – stole quantity of hospital drugs.

Suffering very serious injury requiring drugs – suicidal

SJ failed to take into account mental state.

Crowe

(18)

[2011] NSWCCA 251

s.97(1)PG

12m Bond

(s 9 CSPA)

Crown ADReplica pistolNil

Robbed male walking down street at 1am – took $5 – friends in car – intoxicated – impulsive and unpremeditated offence

First offence - evidence of rehabilitation

Arbili

(31)

[2012] NSWCCA 48

Att s.97(1)

PG

(20%)

5y

NPP 2y 6m

ADKnifeAssault, demand property in company. Record including gaol – breached bail

Threatened tobacconist with knife – victim cut on arm – left when customer entered shop

Mental illness

Yuksel

(19)

 

 

 

Sirtlan

(19)

 

[2012] NSWCCA 84

s.97(1)

 

Sched:

s97(1)

 

s.97(1)

 

Sched:

s.97(1)

PG

(25%)

 

 

 

PG

(25%)

1y 51 weeks

Suspended sentence

 

 

3y

NPP 18m

Crown AD

 

 

 

 

Crown AD

 

 

 

 

 

Knife

Reckless wound in company

 

 

 

Assault, armed robbery, AOABH.  On bond.

Robbed 2 young male victims late at night – threatened with knife by S – Crown could not prove that Y aware of knife – took mobile phones, bankcards small amounts of money from each victim.

Y - depressive condition- genuinely remorseful- high prospects of rehabilitation- full-time employment

S - severe depressive condition –good prospects for rehabilitation

Lang

(19)

[2013] NSWCCA 29

s.97(1)

 

 

2 x s.112(2)

 

Sched:

2 offences

PG

(25%)

7y

NPP 3y

 

FT 2y

(each)

 

Total:

9y

NPP 5y

ADmacheteSimilar offences

Four offenders robbed service station – co-offender carried fake pistol and offender carried machete – broke into stores by smashing windows and stole goods.

First time adult prison

Bloomfield

(26)

[2013] NSWCCA 315

s.97(1)

PG

(25%)

4y 6m

NPP 3y 4m 15d

AD Assault, stealing, BES

With co-offender robbed 15y male at train station – pretended to have knife – made victim follow them - took cash and other items.

Drug addiction – Aboriginal

T

(35)

[2015] NSWCCA 28

s.97(1) - assault with intent to rob

 

 

Steal MV

 

 

s.93G - discharge firearm

 

Possess pistol

PG

(30% - plea and assist)

Indicative

7y

NPP 4y

 

1y 9m

NPP 14m

 

3y

NPP 2y

 

4y

NPP 2y 8m

 

Aggregate:

11y

NPP 7y

ADKnifeExtensive – breached parole for AR

With three co-offenders attempted to rob bank – left when unable to get past security screens – forced people from car and stole car to escape – 20 days later fired shots into air while being pursued by two cars of men firing shots – found in possession of revolver and pistol upon arrest

Extensive assistance

Allen

(20)

[2015] NSWCCA 113

s.99

 

Att s.97(1)

PG

(25%)

FT 9m

 

3y 9m

NPP 2y 8m

 

Total:

4y

NPP 2y 11m

ADKnifeExtensive – including violence

Demanded money from café at 6am – no money in till – shortly after demanded money from news agency armed with knife – left when threatened by employee – vulnerable victims

Early drug addiction

Gardener

(35)

[2015] NSWCCA 170

s.97(1)

 

 

Carried in conveyance

PG

(12.5%)

7y

NPP 3y 6m

 

1y 6m

(concurrent)

ADAxe and claw hammerReleased to parole 12 days prior to offence – appalling record

Robbed jewellery store in company of male armed with axe and claw hammer – stole $10,000 worth of goods

Aboriginal raised in environment of extreme domestic violence – subjected to sexual and physical abuse at hands of father and institution - early drug and alcohol abuse – low intellectual ability – institutionalised – mental health issues

Rose

(23)

[2015] NSWCCA 318

s.97(1)

PG

(25%)

3y 3m

NPP 21m

Crown AA

5y

NPP 3y

Knife – small crow barBreached conditional liberty

Threatened elderly couple on property with knife – demanded guns – threatened to kill or cut throat - alternatively aggressive and calm – after some time was given keys and took guns while victims escaped to neighbouring property

Under influence of ice at time of offence – working with two co-accused

Martin

(33)

[2016] NSWCCA 104

s.97(1) - assault with intent to rob

 

 

s.112(2)

 

Sched:

Resist arrest

PG

(25%)

4y 6m

NPP 2y 9m

 

 

3y

NPP 1y 10m

 

Total:

5y

NPP 3y 3m

AA

4y 6m

NPP 2y 3m

 

3y

NPP 1y 10m

 

Total:

5y

NPP 2y 9m

syringebreached bail

Entered service station and threatened console operator with syringe pointed at neck – victim fled – same night entered house where two persons asleep and took property

Lengthy history of substance abuse – abusive childhood – mental health issues

Faleafga

(19)

[2016] NSWCCA 178

s.97(1)

PG

(25%)

4y

NPP 2y 3m

AA

3y 2m

NPP 1y 8m

Hammer; cigarette lighter and aerosol canDriving matters only – breached bond.

Robbed petrol station of $400 – smashed through glass pane with hammer -  threatened station attendant with cigarette lighter and aerosol can which offender ignited – victim afraid he would be burnt.

Difficult upbringing - genuine remorse -initiative taken by offender to rehabilitate – attempt to commence tertiary studies – Aboriginal – social disadvantage

White

(36)

[2016] NSWCCA 190

s.97(1)

 

Sched:

Armed Robbery

PG

(25%)

6y 6m

NPP 4y

AA

5y 6m

NPP 3y 6m

Item that looked like a pistol.Lengthy. Dishonesty, drugs, Armed Robbery.  On parole.

Both offences committed within a few hours in 2013 – robbed restaurant pointing item that looked like a pistol at store employee – took $13,000 from cash register

Difficult childhood - delay in sentencing.

Walker

(30)

[2016] NSWCCA 224

Att s.97(1)

 

 

Possess prohibited weapon

 

Sched:

BES

PG

(25%)

2y 9m

NPP 10m

 

12m bond

AA

16m ICO

(taking into account 236 days PSC)

Hunting knifeMinor drug and traffic – 2 subsequent drug offences

Broke into office of service station at night and threatened employee with hunting knife – demanded money – stole phones – search of house found hand held Taser

History of drug use – on bail for appeal – if not assessed as suitable for ICO appeal to be dismissed

Owens

(19)

[2017] NSWCCA 16

s.97(1)

PG

(10%)

2y 6m

NPP 18m

AD Assault police, resist police. On bond.With 2 co-offenders approached 22y man at train station - grabbed victim's mobile phone – threatened victim grabbing by shirt and neck - requested driver's license to record personal details.

Buxton

(25)

[2017] NSWCCA 169

s.97(1)

 

Sched:

s.97(1)

PG

(15%)

8y

NPP 5y

AA

6y 5m

NPP 4y

knifeArmed robbery, Agg robbery with wounding.  On parole.

Approached two females with knife – asked victims for handbags.

Aboriginal background – drug abuse

Liu

(20)

 

Lv

 

[2017] NSWCCA 148

s.97(1)

 

 

s.97(1)

VG

 

 

VG

3y

NPP 18m

 

3y

NPP 18m

AD

 

 

AD

 

Nil

 

 

Nil

In company with third co-offender robbed victim of mobile phone and cards – victim punched and threatened.

Liu – younger – immature – remorse – well-educated – played a greater role

Lv - (female) – well-educated – hard working

Kelly

(31)

[2017] NSWCCA 256

Att s.97(1)

PG

(15%)

5y 11m

NPP 3y 6m

ADKnifeBreached conditional liberty – lengthy record

With co-offenders attempted to rob butchers shop – stood at door while co-offender threatened employee with knife – customers in shop – offenders left when owner produced larger knife – degree of planning

Only issue on appeal was parity

Gardiner

(20)

[2018] NSWCCA 27

s.97(1)

PG

(25% on appeal)

3y

1y 6m

AA

2y 4m

NPP 1y 2m

Golf clubNil

With 2 co-offenders attended service station and demanded money from attendant and companion – co-offender armed with knife and offender held up gold club – both wore head coverings – obtained cash $300.

Admitted offence immediately - supportive family network - favourable prospects of rehabilitation – drug abuse.

Judge

(22)

[2018] NSWCCA 203

s.97(1)

PG

(10%)

5y 5m

NPP 4y

AD Extensive - car stealing, violence, assault, dishonesty, stalking and intimidation – breached bond.

With co-offender approached male at bus station – co-offender assaulted victim by head-butting, punching and kicking whilst V on ground - offender stood by and watched – joint criminal enterprise – assisted co-offender in removing victim's bag.

Drug abuse – aboriginal – deprived, dysfunctional background - risk of institutionalisation

Last updated: 22.11.2018

 

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