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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 - Car Jacking - aggravated - s.154C(2) Crimes Act 

Maximum penalty 14 years imprisonment
Standard non-parole period (offences committed on or after 1.2.2003) – 5 years imprisonment

(3) In this section circumstances of aggravation means circumstances involving any one or more of the following:
(a) the alleged offender is in the company of another person or persons,
(b) the alleged offender is armed with an offensive weapon or instrument,
(c) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.

Name

(age if known)

OffenceAggravating CircumstancePleaSentenceAppealRecordSummary

Campbell

(30)

[2003] NSWCCA 176

Att s.154(C)(1)

 

s.154C(2)

 

s.154C(2)

 

Sched:

3 offences

 

 

inflict ABH

 

inflict ABH

PG

(20%)

FT 1y

 

4y

NPP 18m

 

FT 18m

 

(all concurrent)

ADLengthy record

Struggled with male victim sitting in car at service station – victim thrown in front of on coming car but not struck – entered second car, grabbed steering wheel and used accelerator from passenger side – collided with another vehicle and hit female driver with elbow – bit female driver of third car on hand, took keys and stole car – suffering drug induced psychosis at offence

Brain injuries from previous accident – dysfunctional childhood

Tuncbilek

(25)

[2004] NSWCCA 139

s.154C(2)

 

 

 

Assault with intent s.97(1)

In company

PG

(25%)

7y

NPP 4y 6m

 

 

7y

 

 

Total:

10y

NPP 7y 6m

AA

5y

NPP 3y

 

5y 4m

NPP 3y 6m

 

Total:

7y

NPP 5y

Breached parole – lengthy record

SNPP – 5 years

Attempted to rob victim with small silver pistol – left when victim indicated no money – 2 weeks later pulled 54y female victim from her car – during struggle for keys punched victim several times in head area

Early drug abuse – intellectual disability

Drew

(22)

[2005] NSWCCA 50

s.154C(2)

 

4 summary offences

Armed with offensive implement

PG

(20% on appeal)

5y

NPP 3y

AA

4y

NPP 2y

Breached bond – record includes violence

SNPP – 5 years

Female – demanded keys from female victim in car while holding scissors – punched victim twice in face during struggle – threw rock breaking back window – victim and passengers fled car – offender drove off crashing car short time later

Deprived background – alcohol abuse – intoxicated at time of offence

Pritchard

(21)

[2006] NSWCCA 2

s.154C(2)

 

s.97(1)

 

Escape

 

Sched:

6 offences

Armed with offensive implement 

5y

NPP 3y

 

5y

NPP 3y

 

FT 12m

 

Total:

6y

NPP 4y

ADLengthy record

SNPP – 5 years

Escaped from Correctional Centre – at large over 2 months – took mobile phone and car from custodial officer

Barker

(19)

 

 

 

 

Gibson

(22)

 

[2006] NSWCCA 20

s.154C(2)

 

Sched:

2 x carried in conveyance

 

s.154C(2)

 

Sched:

2 x carried in conveyance

In company

PG

(15%)

 

 

 

 

PG

(15%)

3y 6m

NPP 18m

 

 

 

 

3y 6m

NPP 18m

Crown AA

Sentences to commence at later date to reduce concurrency with existing sentences

Multiple offences – breached bond

 

 

 

 

Multiple offences

SNPP – 5 years

2 offenders and juvenile stole car in Dubbo – pursued by police near Orange and abandoned car – second vehicle stolen in Bathurst – police chase to Penrith where car crashed and abandoned – approached victim alighting from car – threatened to kill and pushed over – drove off in car – opportunistic offence – low violence

B – aboriginal – low intelligence – early drug abuse

G – aboriginal – illiterate – early drug abuse

MB

(17/18)

[2007] NSWCCA 245

s.154C(2)

 

 

 

s.35

In company

VG

 

 

 

PG

7y 6m

NPP 5y

 

 

4y

NPP 2y 6m

 

Total:

7y 6m

NPP 6y

AA

5y

NPP 3y

 

4y

NPP 18m

 

Total:

6y

NPP 4y

Record including violence offences

SNPP – 5 years

During confrontation with police threw beer bottle striking officer in face – serious injuries – 8m later punched driver and stole car while in company of co-offender

Troubled childhood – drug addiction – some prospects of rehabilitation

Matthews

(23)

[2007] NSWCCA 294

Attempted s.154C(2)

 

s.95(1)

In company

PG

(25%)

2y 3m 15d

NPP 12m

PD

 

21m 15d

NPP 12m

(concurrent)

Crown AD

 

sentences inadequate - discretion exercised due to rehabilitation

Breached bond

SNPP – 5 years

Put arms around throat of taxi driver and demanded money – pushed driver out of taxi and drove off – opportunistic – towards bottom of range

Drug problem – prospects of rehabilitation – remorse

Burns

(32)

[2008] NSWCCA 260

s.154C(2)

 

 

Att s 97(2)

Armed with offensive weapon

PG

(25%)

FT 3y

 

 

7y

NPP 4y 6m

 

Total:

8y 6m

NPP 5y 6m

AA

FT 3y

 

6y 4m

NPP 4y 6m

 

Total:

7y 4m

NPP 5y 6m

Extensive record including robbery

SNPP – 5 years

Attempted to rob post office with replica pistol – grabbed keys from woman on street and stole car to get away

Early drug addition – mental illness

Alkanaan

(19)

[2009] NSWCCA 44

s.154C(2)

 

 

Att s.154C(2)

 

 

Mal discharge firearm w/I to cause GBH

 

Sched:

Att s.154C(2)

In company – armed with offensive weapon

PG

(20%)

6y

NPP 4y

 

2y 3m

NPP 1y 9m

 

4y

NPP 1y

 

Total:

8y

NPP 5y

Crown AA

Adjustment to accumulation

 

 

 

 

 

 

Total

9y

NPP 6y

Record including discharge firearm

SNPP – 5 years

Approached and threatened female driver with pistol – victim drove off – took car from car wash after threatening attendant and owner with gun – three days later attempted to enter car at traffic lights – up to ten shots fired at car as it drove off – struck driver in shoulder – s.154C(2) offence mid-range

Iraqi national exposed to violence – low intelligence – early drug addiction

Trad

(20)

(2009) 194 A Crim R 20

NSWCCA

s.154C(2)

 

 

2 x Rob in Co

 

Dishonestly interfere with a unique identifier – s.154H Crimes Act

 

Dispose stolen property

 

Sched:

One offence

In company

VG

 

 

VG

 

PG

 

 

 

 

 

VG

5y

NPP 3y

 

FT 2y

 

FT 11m

 

 

 

 

 

FT 2y

 

Total:

8y 3m

NPP 5y 3m

ADBreached conditional liberty – record for relatively minor offences

SNPP – 5 years

Arranged to meet victim to discuss sale of car – attended with four co-offenders – co-offender produced what appeared to be firearm – stole personal items from victim and brother-in-law – threatened victims with firearm and drove off in car – changed engine identifiers – sold vehicle, stole vehicle from purchaser and burnt it out – car jacking carefully planned – mid range offence

Assaad

(20)

[2009] NSWCCA 182

s.154C(2)

 

 

Rob in Co

 

 

AR

 

Sched:

Assault w/i rob

In company – armed with offensive weaponPG

2y 6m

NPP 1y 3m

 

2y 6m

NPP 1y 3m

 

2y 6m

NPP 1y 3m

 

Total:

3y

NPP 1y 9m

(Periodic Detention)

Crown AD

 

Sentences inadequate - discretion exercised due to rehabilitation

Serving sentence of periodic detention

SNPP – 5 years

Robbed jewellery store with co-offenders – victims tied up and watched over by offender with knife – on separate occasion robbed taxi driver at knifepoint with co-offender – driver forced out of taxi and vehicle driven off

Drug addiction and mental illness due to traumatic life events – significant rehabilitation

Graham

(31)

[2009] NSWCCA 212

Assault with intent s.154C(2)

 

Sched:

Larceny

In company

PG

(50% plea and assist)

4y

NPP 2y

ADBreached conditional liberty – substantial record

SNPP – 5 years

Female prostitute – in car with victim for purposes of providing sexual services – co-offender threatened victim with knife and demanded car keys – stole car and $400 from wallet – planned offence committed for money – no prior knowledge co-offender would use knife

Remorse - sexually and physically abused as a child – early drug abuse – addicted to ice – mental heath issues requiring intensive treatment

Aguirre

(19)

[2010] NSWCCA 115

s.154C(2)

 

 

 

s.97(2)

 

s.97(2)

 

Sched:

Aid and abet s.154C(2)

Armed with offensive weapon

PG

(25%)

FT 4y

 

 

 

FT 6y

 

6y

NPP 2y

 

Total:

12y

NPP 8y

AA

6y

NPP 4y

 

FT 6y

 

6y

NPP 2y

 

Total:

12y

NPP 8y

Breached bail – prior record but no priors for driving of robbery offences

SNPP – 5 years

With co-offender approached driver of car in driveway of victim's house – threatened with knives, dragged driver out of car to ground – drove of with car valued at $147,000 - used car in robbery of armoured truck – 4 co-offenders armed with handguns – placed guard in headlock and pushed gun against neck – on separate occasions inspected car for sale – co-offender pushed driver out and drove off in car – used car to rob second armoured truck - substantial degree of planning to all offences – all above mid-range

Extensive drug use prior to offences – limited prospects of rehabilitation

Error in failing to set NPP for aggravated car jacking where SNPP applied

Foster

[2011] NSWCCA 285

s.154C(2)

 

 

 

Use weapon to avoid arrest

 

Receiving

 

s.166 – 5 driving offences

Armed with offensive weaponVG

8y

NPP 6y

 

 

6y

NPP 3y

 

FT 18m

 

Total:

11y

NPP 8y

AA

7y

NPP 5y

 

5y

NPP 2y

 

FT 18m

 

Total:

9y

NPP 6y

includes violence and resisting police

SNPP – 5 years

Threatened female with scissors and demanded car – demanded victim accompany him in car – victim escaped while offender trying to start car – drove off erratically colliding with car and pine tree, mounting footpath and entering garden of house – fled on foot and attempted to evade police brandishing scissors – intoxicated – about or just above mid-range

Baghdadi

(19)

[2012] NSWCCA 212

2 x s.154C(2)

 

 

s.154C(2)

 

 

3 x Fire firearm in public

Armed with offensive weaponPG

8y

NPP 5y

 

 

8y

NPP 5y

 

FT 2y

 

Total:

12y

NPP 9y

AA

8y

NPP 5y

 

8y

NPP 4y

 

FT 2y

 

Total:

12y

NPP 8y

lengthy – includes armed robberies and car jacking

SNPP – 5 years

Offences committed on three occasions – cut off driver and threatened with hand gun – fired gun into ground – drove off in car – on second occasion attempted to take car – threatened driver and fired shots into bonnet – on third occasion approached car with co-offender – co-offender threatened driver with gun – worse than mid-range

Hammond

[2013] NSWCCA 28

s.154C(2)

 

Summary offence

Armed with offensive weapon 

6y

NPP 4y 6m

 

FT 6m

(concurrent)

AD 

SNPP – 5 years

Forced victim to drive offender and friends in car – made threats during journey – threatened victim with knife to throat- victim punched by offender's friend – offender drove car with victim as passenger

Dawson

(28)

[2015] NSWCCA 236

s.154C(2)

 

 

Police pursuit

 

 

Police Pursuit

 

 

s.33B(1)(a)

 

Sched:

4 offences

Armed with offensive weaponPG

7y

NPP 4y

 

18m

NPP 9m

 

2y

NPP 12m

 

4y

NPP 3y

 

Total

9y 6m

NPP 6y 6m

ADoffences involving stolen cars and driving including dangerous driving causing death

SNPP – 5 years

Stole car and petrol – observed speeding by police officer who commenced pursuit – dangerous driving resulted in losing control and colliding with another vehicle – threatened off-duty police officer with knife before forcing car on motorway to stop and entered passenger seat – threatened driver with knife and instructed to drive in manner dangerous to avoid second pursuit – driver slowed down and alighted – offender took over driver pursuit stopped

Low intelligence – early drug user

Last updated: 13.9.2018

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