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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) - 1993-1998

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)

OffencePleaSentenceAppealWeaponRecordFacts

Diamond

(18)

NSWCCA

18.2.1993

s.97PG3y PD

AD

No parity with juvenile co-offender

KnivesNilRobbed liquor store with co-offender - significantly lesser role than co-offender

Ellis

(26)

(1993) 68 A Crim R 449

s.97PG

MT 6y 6m

AT 2y 2m

AD

"near top of range"

Sawn-off shotgunAR offences - on parole for AR

Robbed Credit Union wearing balaclava with female accomplice - gun loaded but no bullet in breach

Evidence of good rehabilitation during remand

Maddocks

NSWCCA

25.11.1993

s.97PG500h CSO

Crown AD

Inadequate but in discretion Court will not intervene.

GunMinor

Robbed video store.

Good subjective features, including assistance to police.

Wakefield

NSWCCA

17.12.1993

s.97PG

MT 9y

AT 3y

ADSawn-off shotgunbad, including AR - on parole for similar offences

Robbed Post Office with loaded sawn-off shot gun - pointed gun at customers, inches from chest, with finger on trigger

Drug and alcohol problems.

Walker

NSWCCA

21.2.1994

s.97

 

Sched:

several BES

PHBI

PG

MT 5y

AT 2y

AA

MT 4y

AT 2y

Wheel bracelong – breached PD and three bonds at time of offenceRobbed tobacco truck with co-offender – victim struck and threatened with death - lesser role than co-offender.

Jones

NSWCCA

15.4.1994

s.97

 

Sched:

AR

 Griffith Remand

Crown AD

Exceptional rehabilitation

Pistolnil relevant

Spontaneous incident - held pistol at head of owner of general store.

Undertaking drug rehabilitation prior to sentencing - positive

Randall

(25)

NSWCCA

19.4.1994

s.97(1)PG

21m PD

(+ 88d PSC)

Crown AD.

Sentence inadequate but counter-productive to return offender to gaol

KnifeOn bond at time of offence – re-offended on bailThreatened elderly female with knife and forced her to retrieved $40 from inside house.

Roberts

(20)

 

 

Lewis

(21)

 

McVean

(18)

 

(1994) 73 A Crim R 306

s.97(1)

 

 

 

s.97(1)

 

 

Access before the fact to AR

 

Sched

Possess SMV

Plates calculated to deceive

PG

 

 

 

PG

 

 

PG

3y PD

 

 

 

3y PD

 

 

3y PD

Crown AA

MT 1y

AT 2y

 

MT 1y

AT 2y

 

MT 1y

AT 2y

Machete & iron bar

on bond

 

 

 

nil

 

 

minor

R and L concealed selves in store with assistance of M who was employee - after closing held up female employee with machete and iron bar - threatened to cut throat of female - three victims bound and pillowslips placed over heads - M kept lookout for police in stolen car.

R: genuine remorse - victim of social circumstance.

L: contrition - cadet in army - out of character

M: drug and alcohol addiction

Siafakas

NSWCCA

25.7.1994

s.97 

MT 2y

AT 2y

AA

MT 15m

AT 9m

Replica pistolon bond

Held up clerk taking business takings to bank with co-offender – organiser

Parity.

Sharpe

NSWCCA

27.9.1994

s.97

 

Possess unlic firearm

PG

3y PD

(conc)

Crown AD

Inadequate but Court exercised discretion not to intervene because of rehabilitation.

RevolverOn bail

In company of another robbed a vet supply company for steroids - used revolver and tied up victim - carefully planned offence - two days later found in possession of unlicensed firearm

Offence result of steroid abuse and rehabilitation meant unlikely to re-offend.

C

(1994) 75 A Crim R 309

NSWCCA

AR

4 x kidnapping

 

Sched:

7 offences including AR.

PG

GBB 5y

(11m PSC)

Crown AD

s.442(2) Crimes Act discussed.  Not unreasonable for SJ to impose non-custodial sentence because of assistance.

  Kidnapping occurred during robbery.  Assistance to authorities resulted in grave fears for self and family.

Napier

(28)

NSWCCA

25.11.1994

s.97

 

Sched:

AR

Poss shortened firearm

PG

MT 4y

AT 2y

ADShortened firearmpriors - schedule offences committed on bail for AR

Robbed Credit Union

Substantial efforts to rehabilitate in custody.

White

NSWCCA

20.4.1995

s.97(1)PG

MT 1y 6m

AT 1y 3m

ADSawn-off shotgunnil

Robbed service station while drunk and disguised.

Unemployed - under financial stress and wife pregnant - surrendered to police.

Davies

NSWCCA

29.11.1995

s.97(1)PG

MT 3y 3m

AT 2y

AA

MT 2y

AT 1y 6m

Knifepriors

Robbed service station and attacked attendant with knife

Alcohol problem - assistance to authorities.

Dunn

(41)

NSWCCA

11.12.1995

s.97(1)PG

MT 2y

AT 3y

ADReplica pistol 

Robbed bank taking $5650.

Suffering Hep B and C – contrition - unlikely to re-offend - lack of pre-meditation.

Khoury

NSWCCA

8.3.1996

s.97(1)

 

Sched:

2 x poss unlic firearm

Ride in stolen car

Assault

 

MT 2y 6m

AT 2y

ADLoaded pistollengthy, including AR - 10 year gap since previous offence

Robbed hardware store - pointed pistol at two employees - gun discharged during robbery.

Successfully completed drug rehab program on Griffith's Remand.

Clarke

NSWCCA

8.3.1996

s.97(1) 

MT 3y 6m

AT 1y 6m

AA

MT 2y 6m

AT 1y 6m

Knifeprevious gaol

Robed heavily pregnant restaurant owner with knife.

Volunteered guilt – youth - aboriginal.

Georges

NSWCCA

30.5.1996

AR in companyPG (late)500h CSO

Crown AD

Although lenient sentence within permissible range

 nilPrinciple in the second degree - driver.

Zaoud

NSWCCA

24.7.1996

s.97(1)PG

MT 3y

AT 2y

AA

MT 2y 6m

AT 2y

 on bond - indecent assaultThree offenders entered night club, tied up owners and took wallet - demanded pin number and withdrew $500 from teller - common purpose - not main offender.

Cooper

(35)

NSWCCA

1.11.1996

s.97(1)PG

MT 3y 9m

AT 2y

ADBaseball bats"formidable" record including dishonesty

Went to home of victims with two other males, disguised and armed with baseball bats - demanded money struck victims with bats.

Lost both parents early in life - drug problem – importance of admissions to Crown case

Hawaorth

NSWCCA

18.11.1996

s.97(1)

 

Sched:

2 matters

PG

MT 4y

AT 3y

ADShortened automatic shotgunpriors, although no detailsRobbed Credit Union with unloaded shotgun - balaclava in bag - planned offence.

Leonard

NSWCCA

22.11.1996

s.97(1)PG

MT 3y 6m

AT 3y 6m

ADTimberpriors but not detailed

Robbed service station with co-offender at 9.30pm - threatened attendant and obtained money.

Aboriginal.

Lattouf

(19)

NSWCCA

12.12.1996

s.97(1)

 

Sched:

2 x possess

PG

3y PD

(+2m PSC)

Crown ADGunMinor

Robbed store with two other men - acted as lookout and removed some equipment.

Good subjective features.

Vanjour

(19)

NSWCCA

18.12.1996

s.97(1)

 

Sched:

5 x AR

2 x Rob

2 x Attempt rob

PG

MT 2y 6m

AT 3y 6m

AD Minor record

Robbed pizza and fast food delivery personnel over eight weeks.

Long delay - gambling problem now dealt with.

Bustescu

NSWCCA

20.12.1996

s.97(1)PG

MT 5y

AT 2y 6m

AA

MT 4y

AT 2y

 

(3y discount for assistance)

Guns 

With four other men robbed victims in their home - victims tied up and assaulted - victims in their sixties - no evidence offender participated in violence

Considerable assistance

Wright

(23)

(1997) 93 A Crim R 48

s.97(1)PGGBB 3y

Crown AA

MT 1y

AT 2y

Steak knifeon bond - assault, dishonesty, variety of bonds & CSO

Robbed Pizza delivery woman with co-offender - grabbed victim from behind and held serrated steak knife to throat.

On drugs at time of offence.

Kerr

(23)

NSWCCA

26.8.1997

s.97(1)

 

Sched:

6 offences, including robbery

PG

Griffith's Remand

(+3m PSC)

Crown AD

Sentence inadequate but in discretion did not intervene

Knife2 driving offences.

Robbed bottle shop taking $546.

Undertaking drug rehabilitation.

Baker

NSWCCA

27.8.1997

s.97(1)PG

MT 6m

AT 12m

Crown AD

Manifestly inadequate, but excellent rehabilitation after five months and delay.

Machete type knifeon bail and periodic detention - dishonesty, driving and drugs - nil full time custody

Morning of offence granted bail for assault and breach AVO - robbed 74y female shop keeper with in isolated shop - admitted robbery was for 'pure greed'.

Readily admitted offence - suffering depression as result of physical illness.

Hilder

NSWCCA

10.10.1997

s.97(1)VG

MT 6y

AT 4y

AD

(no real argument made)

Rifle10 AR - on parole for these offences

Robbed bank with rifle taking $8395 - previously rejected different bank because of presence of security guard.

Mental illness.

Micalleff

(19)

NSWCCA

3.11.1997

s.97(1)

 

Sched:

Use heroin

PG

MT 2y

AT 4y

AA

MT 18m

AT 2y 6m

Blood filled syringenil

Robbed florist with blood filled syringe.

Female offender - heroin addict - appalling background.

Gitt

(37)

NSWCCA

18.5.1998

s.97(1) 500hrs CSO

Crown AD

Sentence inadequate but in discretion did not intervene.

Knifenumber of entries but none for violence

Grabbed handbag of female in shopping centre – victim's finger cut during struggle.

Financial need - emotionally dependent on wife who suffered from agoraphobia.

Hines

(39)

NSWCCA

25.5.1998

s.97(1)PG

MT 4y 8m

AT 2y 4m

ADParing knifevery bad – bond

Broke into elderly victim's house while asleep - disguised self, picked up paring knife from kitchen and held at victim's throat - stole goods - tied up and threatened victim - intoxicated.

Surrendered to police - chronic alcoholic and drug addict.

Qi

(18)

(1998) 102 A Crim R 172

s.97(1)

 

Sched:

Kidnapping

PG

2y PD

(+11m PSC)

Crown AA

MT 2y

AT 2y

(starting date set to include PSC and time served on PD)

 attempt BES, illegally use conveyance, possess ammunition – serving CSO and on probation and bail.Forced entry into home with two other youths - threatened occupants, including 11y female with gun and knife - female taken and kept at hotel room until rescued by police next morning – offender not armed and played minor role.

Toomey

(25)

NSWCCA

22.7.1998

s.97(1)PG

MT 3y

AT 3y

ADScrewdrivermal damage, property, dishonesty, drugs – on bail

Robbed convenience store worker of $400.

Aboriginal; alcohol and drugs.

Fisher

(25)

NSWCCA

18.9.1998

s.97(1)PG

MT 2y

AT 6m

AA

MT 15m

AT 15m

Knifenil relevant

Robbed Post Office - took money from till but panicked and left when told safe on alarm and customer arrived - used own car and traced through number plates.

Out of character with no explanation for behaviour.

Last updated 7.12.2018