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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 in Company - Multiple 

s.97 Crimes Act

(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. 

Case
(age if Known)

OffencePleaSentenceAppealRecordFacts

Govinden

(18)

(1999) 106 A Crim R 314

NSWCCA

Acc after fact to AR

 

Acc after fact Rob in co

 

Sched:

Possess short. Firearm

PG

GBB 2y

 

 

200h CSO

Crown AD

Exceptional circumstances - excellent rehabilitation prospects.

nil

Minded gun he knew had been used in AR - later assisted others rob store by holding open bag for money.

Stable family environment - remorse towards victim

Morgan

(23-24)

[2000] NSWCCA 96

Rob in Co

 

 

 

Rob in Co

 

Sched:

Drive disqual

SMV

PG

MT 3y 6m

AT 2y 3m

 

 

MT 1y 6m

AT 2y 6m

 

Total:

MT 5y

AT 2y 6m

AA

MT 3y 3m

AT 2y

 

MT 1y 6m

AT 2y 6m

 

Total:

MT 4y 9m

AT 2y 6m

extensive record

One of group of six males robbed TAB – 58y female employee pushed and slapped – 12mths later one of five offenders who robbed bank of $60,000 – stood outside as look out

On appeal – slight adjustment required for parity

Muavae

[2000] NSWCCA 88

2 x Rob in Co

 

 

 

 

2 x SMV

 

AR

 

Sched:

Neg driving

PG

MT 3y 9m

AT 1y 3m

(each)

 

 

FT 12m

 

MT 3y 9m

AT 1y 3m

 

(all concurrent)

AA

MT 2y 9m

AT 2y 3m

(each)

 

FT 12m

 

MT 2y 9m

AT 2y 3m

 

(all concurrent)

nil

Introduced to drug use by friend – offences committed on taxi drivers in mini crime wave over short period of time – not leader offences

Visiting from New Zealand on short holiday – relatively young

R

(20)

[2000] NSWCCA 163

Rob in Co

 

 

Rob in Co

 

 

Att Rob in Co

PG

FT 2y

 

 

MT 2y

AT 2y 6m

 

MT 2y

AT 2y 6m

 

Total:

MT 4y

AT 2y 6m

AA

FT 2y

 

NPP 6m

 

 

2y 6m

NPP 6m

 

Total:

5y

NPP 3y

Assault, dishonesty, goods in custody, possess drug – breached recognisance

On two occasions, with female co-offender threatened females with knife obtaining small amounts of cash - with male co-offender armed with knife attempted to snatch handbag from female.

Assistance to authorities – rehabilitation - contrition.

Bablanian

(20)

[2002] NSWCCA 276

Rob in Co

 

 

 

Rob in Co

 

BES

 

3 x SMV

 

Sched:

2 theft offences

 

MT 3y 6m

AT 3y 6m

 

 

FT 2y 6m

 

FT 2y 6m

 

FT 2y 6m

(each)

 

(all concurrent)

AA

5y

NPP 2y

 

FT 2y 6m

 

FT 2y 6m

 

FT 2y 6m

(each)

 

(concurrent)

 

With co-offender broke into home through window – stole car when disturbed by occupant – with co-offenders robbed post office – with two offenders drove in stolen car to residential premises – home invasion – offender unaware co-offenders armed with samurai swords – occupants tied up and property stolen

Drug addiction – living on street – youth – low intelligence - assistance

Kirby

[2000] NSWCCA 330

2 x Rob in CoVG

MT 6y 10m

AT 3y 2m

(each – concurrent)

ADextensive record – breached recognisances

With co-offender robbed train station – station assistant threatened with gun and forced to sit on floor while money taken from till and safe – 6 days later offenders robbed second train station also armed with gun – offences pre-meditated and planned – staff members vulnerable

Not young

El-Youssef

(31)

[2000] NSWCCA 481

Rob in Co

 

 

4 x Rob in Co

 

Sched:

4 x Rob in co.

PG

MT 7y

AT 3y

 

FT 7y

(concurrent)

ADBES, stealing - previous custody – breached parole

Bank robberies - all disguised - co-offender armed with pistol and knife - total amount stolen $233,866 - worst category case.

Suffered knee injury which led to drug addiction - special circumstances.

Aiken

(19)

[2001] NSWCCA 40

Rob in Co

 

 

 

Carried in conveyance

 

Att AR – s.97(1)

PG

4y

NPP 2y

 

 

FT 6m

 

 

FT 2y

AA

3y 8m

NPP 1y 8m

 

FT 6m

 

 

FT 1y 8m

 

(all concurrent)

 

Three offenders robbed service station – co-offenders armed with wheel brace and carving knife – attendant forced to lie on ground and money taken from till – escaped in stolen car – two days later three offenders attempted to rob service station armed with knife and club lock – fled when attendant started screaming

Drug addiction – some prospects of rehabilitation

On appeal – credit given for quasi-custody in rehabilitation centre

Haines

(22)

[2001] NSWCCA 111

2 x Rob in Co

 

 

 

Steal from Person

 

Cultivate prohibited plant

PG

5y 6m

NPP 2y 6m

 

 

FT 2y

 

FT 12m

(all concurrent)

AA

4y

NPP 1y 9m

 

FT 1y 9m

 

FT 12m

(all concurrent)

driving, drug, assault and dishonesty offences – breached recognisance

One of group of men who assaulted male victim leaving club at night – offender karate kicked victim to back – victim repeatedly kicked and assaulted and wallet stolen – assaulted and robbed second victim in same fashion – demanded and took handbag from couple coming to assistance of victim – admitted to police growing two cannabis plants

Difficult background – drug and alcohol abuse - mental health issues

On appeal - parity

Robertson

(19)

[2001] NSWCCA 95

Rob in Co

 

2 x Rob in Co

 

 

 

s.97(1) – AR

 

Sched:

7 related offences including robberies

PG

FT 4y

 

4y 6m

NPP 2y

(each)

 

4y 6m

NPP 2y

 

Total:

8y 6m

NPP 6y

 record including robbery

With co-offender assaulted 66y male pensioner in public toilet block –victim's neck cut with pen, punched in head and personal property stolen – both offenders approached male commuter in train station car park early next morning, punched him in head and stole wallet – stopped beside 13y male walking to school, applicant got out of car, threatened victim with knife and took jacket – both offenders threatened male walking on street with butcher's knife and car lock and stole wallet

Drug addiction – some evidence of rehabilitation

Nolan

(18)

[2001] NSWCCA 144

Rob in Co

 

 

Rob in Co

VG

5y

NPP 3y

 

5y

NPP 3y

(concurrent)

ADTheft, possess implements, damage property

Approached couple on street - demanded money, assaulted both male and female victims – took female victim's handbag.

Aboriginal.

Harb

(24)

[2001] NSWCCA 249

Rob in Co

 

 

Rob in Co

VG

4y

NPP 2y

 

4y

NPP 2y

(concurrent)

ADDishonesty, drugs. 

Entered home of three young persons - assaulted victims and took wallet.

Drug addict - schizophrenic mental illness.

Poihipi

(19)

[2001] NSWCCA 408

8 x Rob in Co

 

Att Rob in Co

 

AOABH

PG

(35% for plea and admissions)

3y

NPP 5m 2d

(each)

Crown ADlarceny – juvenile offences in New Zealand

With two co-offenders committed series of robberies in or near shopping centres in five separate incidents – offender of large build providing physical threat – assault offence committed by co-offender hitting victim on head with baton – follower but active and deliberate role

Low intelligence – threatened in gaol – family support in New Zealand – evidence of rehabilitation prospects – 8 months since returned with mother to New Zealand

Osborne

(30)

[2001] NSWCCA 371

Rob in Co

 

 

Rob in Co

 

Rob in Co

PG

MT 3y

AT 1y 6m

 

FT 2y

 

FT 2y

(concurrent)

ADAssault w/i to rob, Armed rob in company, assault, mal damage.

Robbed bank of $9000 and two customers of cash.

Heroin addict.

Zabul

(20)

[2001] NSWCCA 455

Rob in Co

 

 

3 x Rob in Co

 

Sched:

Rob in co.

PG

6y 6m

NPP 3y 3m

 

FT 3y 6m

(concurrent)

ADNil.Over 4 month period, robbed service stations, making threats and assaulting staff - stole money, cigarettes, safe and video equipment - waited outside in escape vehicle on two occasions.

Mortada

[2002] NSWCCA 152

Rob in Co

 

 

 

Steal from person

 

Sched:

GIC

PG

(increased to 20% on appeal

4y

NPP 2y

 

 

FT 6m

 

Total:

4y 6m

NPP 2y 6m

AA

3y 6m

NPP 1y 9m

 

FT 6m

 

Total:

4y

NPP 2y 3m

Rob in co offence committed on bail for stealing offence

Approached male who had been ejected from nightclub for brawling and demanded and took wallet

6mths later co-offender invited victim to accompany him in car for a meal – offender driving car took victim and co-offender to nearby park – victim assaulted and robbed of jewellery and money

Avaness

(18)

[2002] NSWCCA 230

Rob in Co

 

 

Rob in Co

PG

4y

NPP 2y

 

4y

NPP 2y

(concurrent)

ADNilKicked and punched young victim taking mobile phone and money - punched second victim in head several times taking $30

Hernando

(19)

(2002) 136 A Crim R 451

NSWCCA

 

Co-offender:

MCIVOR

Rob in Co

 

Rob in Co

PG

FT 6m

 

2y

NPP 6m

(concurrent)

Crown AD2 similar offences as a juvenile

Male lured into car park and robbed using knife - on second occasion knife held to victim's throat

Sentence manifestly inadequate but in view of delay discretion exercised to dismiss Crown appeal

McIvor

(20)

(2002) 136 A Crim R 490

NSWCCA

 

Co-offender:

HERNANDO

Rob in Co

 

 

Rob in Co

PG

(25%)

2y

NPP 7m 7d

 

FT 6m

(concurrent)

Crown ADBreached bond

Male lured into car park and robbed using knife - on second occasion knife held to victim's throat.

Sentence manifestly inadequate but in view of outcome in relation to co-offender Hernando discretion exercised to dismiss Crown appeal.

Bendt

(17y 9m)

[2003] NSWCCA 78

Rob in Co

 

 

 

Rob in Co

 

Sched:

2 x Rob in Co

PG18m control order suspended

Crown AA

1y 6m

NPP 1y

 

FT 1y

 

Robbed club late at night with 7 males – 2 males armed with machetes - employees and patrons manhandled, threatened and assaulted

Judge erred in dealing with matter under Children (Criminal Proceedings) Act

T Hickey

(32)

[2003] NSWCCA 110

 

 

 

Co-offender:

HICKEY

(single offence)

Rob in Co

 

 

 

Rob in Co

PG

(25%)

4y 6m

NPP 3y

 

 

4y 6m

NPP 3y

Crown AA

4y 6m

NPP 3y

 

4y 6m

NPP 2y 6m

 

Total:

6y

NPP 4y

extensive record

4 offenders robbed bank - no weapons or threats of violence - TH involved in robbery of TAB where door smashed - JH grabbed bag from female on street

Aboriginals with drug addiction - both affected by inability to attend mother's funeral

TH - prospects of rehabilitation outside Sydney and in structured rehabilitation program

Murray

[2003] NSWCCA 116

Rob in Co

 

 

Use off weapon to avoid apprehension

 

Steal from person

 

Sched:

15 offences

PG

(25%)

4y 9m

NPP 2y 9m

 

FT 1y

 

 

 

FT 18m

 

(all concurrent)

ADbreached bond for larceny and stealing from person

With co-offender robbed female attendant at newsagency – drove car directly at police attempting to arrest him two weeks later – arrested several months later after stealing from second victim

Youth – broken home – attempted made at overcoming drug addiction

Daetz

(18)

 

 

 

 

 

 

Wilson

(youth)

 

(2003) 139 A Crim R 398

[2003] NSWCCA 216

Rob in Co

 

 

 

2 x s.99

 

 

 

Rob in Co

 

 

s.95

 

 

Assault

PG

(25%)

 

 

PG

(late)

 

 

PG

(25%)

6y

NPP 3y

 

 

18m

NPP 9m

(concurrent)

 

6y

NPP 3y

 

18m

NPP 9m

 

FT 18m

(all concurrent)

AA

5y 6m

NPP 2y 9m

 

18m

NPP 9m

(concurrent)

 

AD

robbery offence committed while on bail for s.99 offences

 

 

 

 

breached bond

D approached and demanded money from two strangers at train station making threats

W – after offering to sell victim cannabis punched and kicked him and stole phone

Several weeks later both offenders approached two males at shopping centre and demanded money – kicked and punched one victim

D - on appeal reduction given for extra-curial punishment after serious assault by persons connected with victims of robbery in company

El-Sayed

[2003] NSWCCA 232

2 x Rob in Co

 

 

 

 

2 x s.90A – Detain for advantage

PG

3y

NPP 15m

(each)

 

 

FT 12m

(each)

 

(all concurrent)

Crown AA

4y 3m

NPP 1y 9m

(each)

 

FT 12m

(each)

 

(all concurrent)

 

With co-offender detained two males at car park and forced them to stay with offenders for several hours – driven to several places, threatened and robbed of money

Appeal base on failure to give promised assistance

Jin

[2003] NSWCCA 238

2 x Rob in Co

 

Sched:

Larceny

Enter encl lands

Self admin

PG

3y

NPP 18m

(each – concurrent)

ADPrior convictions – breached recog and bail

Robbed two 14y boys in park – stole mobile phones

Assistance in identifying co-offender

Eter

(25)

 

 

 

Cotter

(25)

 

 

Russell

(19)

 

Iremonger

(19)

 

[2003] NSWCCA 273

2 x Rob in Co

 

Sched:

4 offences

 

2 x Rob in Co

 

 

 

2 x Rob in Co

 

 

2 x Rob in Co

 

Sched:

2 offences

PG

(25%)

 

 

 

PG

(25%)

 

 

PG

(25%)

 

PG

(25%)

3y

NPP 15m

(concurrent)

 

 

3y

NPP 15m

(concurrent)

 

2y

suspended

 

2y

suspended

Crown AD

 

 

 

 

Crown AD

 

 

 

Crown AD

 

 

Crown AD

Minor convictions

 

 

 

 

Drug offences

 

 

 

 

 

 

Minor record

Forced way into home of 53y victim on farm – E impersonated police officer – victim and de facto wife threatened and assaulted – guns and property stolen – E and C carried out threats

E – drug addiction – evidence of rehabilitation

C – evidence of rehabilitation

R – depression as result of father's death – believed entitled to father's gun held by victim – vulnerable in gaol – evidence of good work record – lesser involvement in offence

I – lesser involvement in offences – vulnerable in gaol – evidence of good work record

Crown appeal dismissed in exercise of discretion

Nair

(22)

[2003] NSWCCA 368

Rob in Co

 

Rob in Co

PG

12m suspended

 

GBB 18m

Crown ADDishonesty – breached bond.

With two co offenders robbed book store – threatened store assistants.

Exceptional case – minor role, youth and favourable subjective circumstances including rehabilitation.

Moshref

(19)

[2003] NSWCCA 379

 

Co-offender:

DUKINO

(single offence)

Rob in Co

 

Rob in Co

 

Rob in Co

PG

(25%)

FT 1y 9m

 

FT 1y 9m

 

3y 3m

NPP 1y

 

Total

5y

NPP 2y 9m

ADAppalling – breached bondsFour offenders approached male and female at train station – punched male in face and took money and mobile phone – four offenders pushed way into office at station – assaulted female employee and took money

Hasan

(19)

[2005] NSWCCA 21

2 x Rob in Co

PG

(25%)

4y

NPP 2y

(each – concurrent)

ADBreached bonds for assault and driving offence

Robbed two taxi drivers – threats to kill – planned offences

Voluntary surrender and admissions

Lesi

[2005] NSWCCA 63

Rob in Co

 

 

Assault

 

s.97(1) – AR

 

Carried in stolen conveyance

 

Sched:

4 related offences

PG

7y

NPP 5y

 

FT 12m

 

FT 5y

 

FT 6m

 

Total:

8y 6m

NPP 6y

AD With co-offender entered hotel and threatened staff – obtained $40,000 – assaulted staff member by punching to head with closed fist – 4 months later robbed second hotel with replica pistol – left in stolen car

Afele

(18)

[2005] NSWCCA 304

2 x Rob in Co

 

 

 

 

AOABH

PG

(25%)

3y

NPP 1y

(each)

 

 

3y

NPP 2y

 

Total:

4y

NPP 2y

AA

3y

NPP 1y

(each)

 

FT 18m

 

 

Total:

4y

NPP 2y

nil

One of group of men who punched and kicked male victim on street – shortly later group approached and robbed two men of money and phones

Prior good character – alcohol problem – low intelligence – family support – genuine remorse

Browne

[2006] NSWCCA 62

 

 

 

 

 

 

 

 

 

 

Co-offender: DYER

Rob in Co

 

 

Rob in Co

 

 

Rob in Co

 

 

Robbery

 

Sched:

Rob in Co

PG

5y

NPP 2y 6m

 

4y

NPP 2y

 

4y

NPP 2y

 

FT 1y

 

Total:

6y

NPP 3y 6m

ADBreached bail

Robbed train passengers on train and station.

Parity

Smith

(18)

[2007] NSWCCA 100

Ass w/I to Rob in Co

 

Rob in Co

 

 

Rob in Co

 

 

Rob in Co

 

 

Rob in Co

 

 

Rob in Co

 

Sched:

4 offences

PG

3y

NPP 1y

 

3y

NPP 1y 6m

 

3y 9m

NPP 2y 1m

 

3y 9m

NPP 2y 1m

 

3y 9m

NPP 2y 1m

 

3y 9m

NPP 2y 1m

 

(concurrent)

Crown AA

FT 2y 9m

 

FT 3y

 

 

FT 3y

 

 

FT 3y 3m

 

 

FT 3y 3m

 

 

5y

NPP 3y 3m

 

Total:

5y 6m

NPP 3y 9m

Prior for assault – breached bail

With co-offenders robbed stores and service stations – knife used in first attack – more than one co-offender involved – on five occasions attendants assaulted

Turbulent childhood

Thomas

(20)

[2007] NSWCCA 269

s.96

 

 

 

Rob in Co

PG

(15%)

 

 

VG

3y 5m

NPP 18m

 

 

3y 6m

NPP 18m

 

Total:

4y

NPP 2y

Crown AA

4y

NPP 2y

 

4y

NPP 2y

 

Total:

5y

NPP 3y

nil – second offence breached bail on first offence

In company of co-offender pursued male stranger on street at night, kicked him while on ground and struck him with bottles in bag - stole beer bottle – opportunistic – leader - circumstance of aggravation was use of corporal violence

6 weeks later one of four youths who stopped and assaulted male walking in park – victim pushed and kicked and briefcase stolen

Vaovasa

(27)

(2007) 174 A Crim R 116

NSWCCA

3 x Rob in CoVG

5y

NPP 3y 9m

(each – concurrent)

ADRob in companyWith five co-offenders attacked three victims – took mobile phones and money.

Dalton

[2008] NSWCCA 108

2 x Rob in Co

PG

(25%)

4y

NPP 18m

(each - concurrent)

ADAssault, AOABHWith co-offender stole mobile phone and other items from two teenage boys whilst travelling on train.

Raninga

(19)

[2009] NSWCCA 35

Rob in Co

 

 

 

s.95

 

Sched:

2 x AOABH

PG

5y GBB

 

 

 

s.10A

Crown AA

2y

NPP 6m

 

15m

NPP 3m

 

Total:

2y

NPP 9m

nil

While intoxicated and walking around street at night punched two men in face – assaulted third male and took Sony PlayStation Portable and phone – in company of several men assaulted fourth male and demanded phone

Out of character – possible psychological harm of incarceration

Assad

(20)

[2009] NSWCCA 182

Rob in co

 

 

Armed Rob

 

 

Agg taking MV

 

Sched:

Assault with intent rob

PG

2y 6m

NPP 1y 3m

 

2y 6m

NPP 1y 3m

 

2y 6m

NPP 1y 3m

 

Total

3y

NPP 1y 9m

PD

Crown AD 

With co-offenders robbed jewellery store – tied up female store assistant – threats to kill - with co-offender robber taxi driver armed with knife.

Drug addiction – had "not developed settled criminal habits."

CCA found sentences manifestly inadequate but declined to intervene due to exceptional rehabilitation and delay between commission of offences and sentencing during which time rehabilitation was good.

England

(27)

[2009] NSWCCA 274

 

Co-offender:

PHANITH

(single offence)

2 x Rob in Co

 

2 x s,112(2) (breach of bond)

 

Sched:

Additional offences

PG

(25%)

Total:

8y 6m

NPP 4y 6m

ADProperty offences

Three men entered house and assaulted male victim in bedroom – co-offender struck victim with shifter – girlfriend assaulted – money and property stolen from occupants – occupants tied up and threatened

Also involved in second robbery of female acquaintance – entered victim's unit with three men at night – victim and male friend tied up threatened

E – female – alcohol abuse

Williams

(18–19)

[2011] NSWCCA 244

Rob in Co

 

 

 

Armed Robbery

 

 

Escape

PG

(25% on appeal)

9y

NPP 5y 4m

 

 

6y 9m

NPP 4y 6m

 

FT 6m

(cumulative)

 

Total:

9y 6m

NPP 6y 4m

AA

6y

NPP 3y 4m

 

4y 10m

NPP 2y 5m

 

FT 6m

(cumulative)

 

Total:

6y 6m

NPP 4y 4m

Lengthy record – AR breached conditional liberty – Rob in Co committed as escapee

Three offenders attacked male outside units – sustained assault including punching and kicking – co-offender threw beer bottle smashing against victim's head – unconscious – escaped from correctional centre by cutting through fence and climbing wall – at large 1m 13d – while escapee attached taxi driver with two co-offenders – punched victim in face twice – above range criminality

Aboriginal youth with chaotic upbringing and alcohol and drug abuse

Rose

(19)

[2013] NSWCCA 71

Assault w/i rob in co

 

Rob in co

 

Sched:

s 117 Larceny

PG

(25%)

3y 3m

NPP 2y

 

3y 4m

NPP 2y

 

Total:

3y 7m

NPP 2y 3m

ADPossess proh weapon - on bond.With co-offenders robbed two taxi drivers – offender punched one victim – some planning – involved violence.

Thaver

[2011] NSWCCA 106

Rob in Co

 

 

Robbery offence

 

Robbery offence

PG

(35% - plea and assist)

2y

NPP 9m

 

FT 8m

 

5y

NPP 2y 6m

 

Total:

7y

NPP 4y 3m

AA

to correct expiration date only

nil relevant

With co-offender committed robberies against three taxi drivers over two month period – victims assaulted by offenders in taxis – each under influence of drugs and alcohol

Appeal only against first sentence on grounds of parity – sentences for additional two robberies imposed at separate sentencing hearing and not subject to separate appeal – total sentence taken into account in consideration of appeal

Houcher

(18)

[2018] NSWCCA 96

Rob in Co

 

 

Rob in Co

PG

(10%)

 

PG

(25%)

Agg:

6y 6m

NPP 4y 6m

ADAssault, resist police, destroy property - on bail and bond

With cousin hired taxi – offender took taxi driver by throat with both hands, demanded money and took approximately $200 – with cousin observed victim win $400 on poker machines - co-offender demanded money while offender sat in vehicle.

No remorse - special circumstances – youth.

Last Updated: 1.11.2018

 

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