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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 - Single 

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

Stenschke

 

 

Murray

(19)

NSWCCA

5.5.1997

Rob in Co

 

 

Rob in Co

VG

 

 

VG

MT 15m

AT 21m

 

MT 1y 6m

AT 1y 6m

AD

 

 

Conv AD

assault, robberyGroup attacked male victim taking bag and wallet.

Leoni

(21)

[1999] NSWCCA 14

Rob in CoPG

MT 2y 9m

AT 2y 3m

ADSimilar matters as juvenile

3 offenders entered home of elderly and frail female victim disguised with balaclavas - attacked victim with bike pump seeking money – knew victim recently in hospital.

Low intellectual capacity.

Tawake

[1999] NSWCCA 147

Rob in CoPG

MT 3y

AT 1y

ADLarceny, aid abet robbery – breached bail3 offenders entered video shop threatening shop assistant with handgun and knife, and kicking victim in chest - tied electrical cord around victim's neck and demanded that safe be opened

Barber

(19)

[1999] NSWCCA 107

Rob in Co

 

Sched:

drug offence

PG

MT 1y 3m

AT 3y 9m

Crown AA

MT 3y

AT 2y

MV theft, dishonesty, BE&S – previous custody – breached recognisance

4 offenders robbed general store assistant of money from till - pointed knife at victim's ribs.

Drug problem - unstable family environment - self-mutilation in custody

Walker

(25)

[1999] NSWCCA 144

Rob in Co

 

Sched:

Drive stolen MV

PG

MT 1y 9m

AT 1y 3m

ADno details – breached CSO – no previous custody

Driver for two co-offenders robbing store while armed with wrenches - received $80 as payment.

Overcome heroin addiction - father of five children.

Chmait

(1999) 108 A Crim R 218

[1999] NSWCCA 217

Rob in Co

 

Sched:

3 offences

PG

MT 6m

AT 2y 3m

Crown AA

MT 18m

AT 1y 3m

 

Two males approached female placing money in night safe outside bank – pushed her to ground and took money

Some evidence of rehabilitation

Knowles

(36)

[1999] NSWCCA 235

Rob in Co

 

Sched:

8 offences

PG

MT 6y

AT 2y

ADExtensive, mainly dishonesty - previous custody.

Victim held down by two co-offenders while offender went through pockets taking $3500 - planned and premeditated.

Offence occurred in 1991 - delay due to being in custody in Qld - delay not in favour of applicant - drug dependence.

Duffy

[1999] NSWCCA 321

Rob in CoVG

MT 1y

AT 1y

Crown AD"Appalling" - no details given.

Female – 2 offenders robbed female on street - co-offender armed with knife and inflicted small cuts upon victim

Offender released on parole for three months at time of appeal hearing

Kitiona

(20)

[1999] NSWCCA 393

Rob in Co

 

Sched:

Steal from person

Neg drive

Receiving

PG

MT 3y 6m

AT 12m

ADAOABH, agg robbery – breached bail and recognisance.With co-offender snatched handbags of two females (52y) at night.

Carter

(19)

[1999] NSWCCA 376

Rob in CoPG

MT 2y

AT 2y

ADDishonesty, larceny, BES - previous custody.Lured male into park assaulting and robbing him of $150 - punched victim eight times in face and kicked him on ground.

Murchie

(18)

(1999) 108 A Crim R 482

[1999] NSWCCA 424

Rob in Co

 

 

 

Assault

 

Mal Damage

 

Sched

Possess proh article

PG

MT 3y

AT 3y

 

 

FT 12m

 

FT 12m

 

(all concurrent)

AA

MT 2y 3m

AT 2y 9m

 

FT 12m

 

FT 12m

 

(all concurrent)

BES, assault, possess firearms – Children's Court

Four males robbed bank – jumped counter and stole $16,610 – threats of violence made to customers and staff – upon arrest threatened police officers with sword

Long history of behavioural disorder

Nicholas

(19)

[2000] NSWCCA 11

Rob in Co

 

Sched:

BES

PG

MT 4y

AT 3y

AA

MT 3y

AT 2y 6m

No details given – breached recognisance.

3 offenders robbed bank of $16k making threats of violence to staff and customers.

Parity.

Griggs

(19)

(2000) 111 A Crim R 233

[2000] NSWCCA 33

Rob in CoPG2y Recog

Crown AA

18m

PD

minor Children's Court record

Three offender robbed convenience store – armed with knives – forced two male staff to floor and tied hands with tape – minimal planning

Heavy drug use at time of offending – evidence of rehabilitation and family support - remorse

Swan

[2000] NSWCCA 114

Rob in Co

 

Sched:

Stealing

Assault

FTA

PG

MT 2y

AT 2y

AA

MT 18m

AT 18m

No details given.

With girlfriend and nephew punched 13y male stealing $50.

Parity - special circumstances found

Sok

[2000] NSWCCA 121

Rob in Co

 

Sched:

3 shop lifting offences

PG

MT 3y

AT 2y

AD 

Female – with male co-offender who was armed with meat clever, forced entrance to home of 72y female acquaintance – young children present – meat clever held to throat of victim – offender lifted clothes to remove cash

Abusive childhood – left in care as a teenager – psychological deficit as result of car accident – heroin addiction – support of de facto husband – mother to young child - pregnant

Iddles

(20)

[2000] NSWCCA 128

Rob in CoPG

MT 18m

AT 18m

AA

only to direct release at end of MT

serious history

Robbed food store in company of person not otherwise known to offender – pushed employee and grabbed money from till

Drug addiction - remorse

Clarke

(18)

[2000] NSWCCA 160

Rob in Co

 

Sched:

Armed with intent

Larceny

PG

MT 3y

AT 2y

ADnil

Female – with co-offender robbed service station in early hours of morning – co-offender threatened attendant with large carving knife – offender took money from till – four days later offender entered service station office alone armed with knife – no one present so took money and left

Pregnant at time of sentence – excellent prospects of rehabilitation – drug addicted at time of offences

Hawkins

(18)

[2000] NSWCCA 434

Rob in CoPG

MT 12m

AT 2y

AA

MT 6m

AT 18m

Nil relevant.

2 offenders disguised in balaclavas, threatened shopkeeper and two others seeking shop takings.

Assistance to authorities - assaulted in prison - good rehabilitation / employment.

Archer

(18)

[2000] NSWCCA 176

Rob in CoPG

MT 12m

AT 2y

Crown AD 

Two offenders approached victim in park and demanded wallet – offender held knife to victim's throat although kept thumb between blade and skin – co-offender kneed and punched victim – left claiming it was a joke but took two credit cards

Suffering claustrophobia affecting custodial conditions

English

[2000] NSWCCA 245

Rob in CoPG

MT 18m

AT 6m

AA

to adjust dates for 7 days pre-sentence custody

 With two co-offenders robbed florist and gift shop – female threatened with knife held by co-offender and forced to give money from till – sentenced on basis unaware knife would be used

Hocking

(24)

[2000] NSWCCA 339

Rob in CoPG

MT 2y

AT 12m

 

(cumulative to existing sentence 9m)

Crown AA

4y

NPP 2y 9m

Extensive including robbery, violence, BES – breached recognisance.

Assaulted and robbed male of small amount of money.

Aboriginal - institutionalised.

Failed undertaking to give evidence against co-offenders.

Hughes

[2000] NSWCCA 366

Rob in Co

 

 

 

SMV

 

Mal Damage

PG

MT 4y

AT 2y

 

 

FT 15m

 

FT 15m

(concurrent)

AA

4y 6m

NPP 3y

 

FT 15m

 

FT 15m

(concurrent)

breached recognisance – record includes less serious assaults

Three men drove to beach area at night with intention of robbing someone – co-offender approached male victim and assaulted him to head with steering lock – pulled off victim by offender then wallet and keys stolen – returned later to steal car then dumped car and set it alight

Admissions and co-operation – family support – drug and alcohol problem – remorse

On appeal - parity

Calderoni

[2000] NSWCCA 511

Rob in CoPGFT 2y (suspended sentence)Crown ADNo detail.

3 offenders - 1991 robbery of drug dealer resulting in murder - no involvement in assault or asking for reward - but lent assistance - acquitted of murder

Error in finding applicant provided assistance - demonstrated rehabilitation and delay.

Nastaly

[2000] NSWCCA 486

Rob in CoPG

MT 1y 2m

AT 2y 9m

(1m PSC)

AA

3y 5m

NPP 11m

No detail.

Female - with male co-offender robbed male of $500 - co-offender tried to stab victim with screwdriver.

Drug addiction - good rehabilitation - family support.

Morgan

(26)

[2001] NSWCCA 104

Rob in Co

 

 

LMV

 

Sched:

drive disqual

VG

7y 1m

NPP 4y 1m

 

FT 12m

(concurrent)

AD 

Group of men broke into jewellery store equipped with sledge hammer – broke into more secure areas and stole jewellery – planned offence – police fired at escaping car – offender who was driver struck by glass and wounded

Aboriginal

Cimone

(2001) 121 A Crim R 433

Rob in Co

 

 

 

Larceny

 

 

Receiving

PG

3y

NPP 2y

PD

 

FT 2y

PD

 

FT 6m

PD

 

(all concurrent)

Crown ADmal damage and dishonesty offences

Four offenders apprehended victim in car park and forced him to drive remote reserve – threatened with knife and robbed of personal property – held hostage until money withdrawn from ATM then left in reserve

3 months adjournment showed real prospects of drug rehabilitation - assistance

On appeal – unique and exceptional departure from guidelines

Atkinson

(20)

[2001] NSWCCA 135

Rob in CoPG

MT 2y 9m

AT 3y

AA

5y 3m

NPP 2y

Dishonesty, mal damage, driving

With co-offender threatened victim at ATM - armed with imitation pistol and serrated knife.

Intellectual disability - living skills of 8y child - disturbed upbringing - need for extended support - good rehabilitation prospects.

Griffiths

(37)

[2001] NSWCCA 130

Rob in CoVG

6y

NPP 4y

ADDrugs, dishonesty.With female co-offender threatened female occupant of house with replica pistol - took purse and jewellery - co-offender had knife.

Lo

(19)

[2001] NSWCCA 271

Rob in Co

PG

(15% on appeal)

5y 10m

NPP 3y

AA

5y

NPP 3y

8 x rob in co, stealing.

Leapt over counter of Credit Union in hospital, threatening staff - fled with $4.

Heroin addict - special circumstances

Insufficient discount for guilty plea.

Brain

(19)

[2001] NSWCCA 319

Rob in Co

PG

(30% for all matters)

3y 6m

NPP 1y 9m

AA

3y

NPP 1y 6m

numerous property,

drugs, violence - previous custody – breached recognisance.

Threatened victim with syringe before taking $180 - unaware co-offender had syringe.

Heroin addict – parity - assistance to authorities and protective custody.

Pearce

[2001] NSWCCA 349

Rob in Co

 

Sched:

driving offences.

PG

MT 3y 3m

AT 2y

ADbreached parole2 offenders robbed bank, threatening staff and struggling with bank manager - punched teller in face – took around $60k.

Hoschke

(18)

[2001] NSWCCA 317

 

Co-offender:

SHARPE

Rob in CoPG

2y

NPP 18m

PD

Crown AA

2y 9m

NPP 16m

Robbery, inflict GBH, assault, breach AVO.Robbed 15y male of $15 - co-offender struck victim in face and threatened to stab with knife (which did not have).

Perese

(18)

(2001) 126 A Crim R 508

NSWCCA

Rob in Co

 

Sched:

Rob in Co.

PG

6y 6m

NPP 4y

ADArmed robbery, robbery, assault w/i to rob

2 offenders robbed bank of $99k from safe, threatening staff - schedule offence involved bank robbery of $26k.

Drug addiction.

Richards

(2002) 128 A Crim R 204

[2002] NSWCCA 38

Rob in CoVG

5y

NPP 3y

AD 

One of several offenders who assaulted and robbed male lured outside hotel by female co-offender – follower not leader but willing and active participant

Faint prospects of rehabilitation

Kumar

(19)

[2002] NSWCCA 95

Rob in Co.

 

Sched:

Off conduct

Resist arrest

PG

3y

NPP 18m

ADRobbery, breach AVO, mal damage - no previous custody – breached bond.2 offenders threatened two teenagers taking mobile phones and wallet

Sharpe

(19)

[2002] NSWCCA 96

 

Co-offender:

HOSCHKE

Rob in Co

PG

(1/3rd)

4y

NPP 2y

AA

3y

NPP 21m

Robbery, drugs, mal damage.  No previous custody.

Demanded money from 15y boy at bus stop - took $15 from wallet.

Parity

Sharma

(19)

(2002) 130 A Crim R 238

NSWCCA

Rob in Co

PG

(50% plea and assist on appeal)

18m

NPP 12m

Crown AA

2y

NPP 18m

minor record

Robbery of motel – co-offender initiated plan and jumped counter armed with knife – less culpable than co-offender

Undertaking to give evidence against co-offender – protective custody

Ho

(2002) 130 A Crim R 545

NSWCCA

Rob in CoVG

3y

NPP 18m

Conviction AD Robbed female shopkeeper of $35k store's keepings - apprehended shortly afterward.

Simpson

(23)

[2002] NSWCCA 167

Rob in CoPG

4y

NPP 2y

AA

4y

NPP 2y (backdated 1m to allow for PSC)

 Female – robbed taxi driver - co-offender threatened victim with knife taking $200 - took other items from driver's shirt pockets.

Carr

(19)

[2002] NSWCCA 211

Rob in Co

PG

(15% on appeal)

4y

NPP 3y

AA

3y

NPP 2y

record includes violence offence but less serious

Four offenders approached three victims in early hours of morning – knife produced –offender and co-offender chased victim with knife and stole wallet – not clear who produced knife – two co-offenders assaulted and robbed remaining two victims

Early drug and alcohol addiction – some recent evidence of attempt at rehabilitation

Marouche

(20)

[2002] NSWCCA 202

Rob in Co

 

 

 

SMV

 

Escape

 

Sched

3 offences

PG

5y

NPP 3y

 

 

FT 12m

 

FT 6m

 

Total:

5y 6m

NPP 3y 6m

AA

5y

NPP 2y 6m

 

FT 12m

 

FT 6m

 

Total:

5y 6m

NPP 3y

record includes robbery offences

Escaped prison scaling fence – several days later three males approached couple in street at night from behind – male punched and kicked and handbag taken from female – offender driver of car carrying co-offenders

Admitted involvement to police – genuine remorse – drug addiction – difficult home life

On appeal: circumstances require longer period on parole

Dillon

(18)

[2002] NSWCCA 221

Rob in CoPG

3y 6m

NPP 15m

AA

3y

NPP 11m

No detail.2 juvenile offenders "jumped" two pedestrians, threatening and searching them - took one victim to ATM taking money from account.

Hammoud

(22/24)

[2002] NSWCCA 254

Rob in Co

 

 

 

Supply prohibited drug

 

Sched:

2 drug offences

PG

8y

NPP 4y

 

 

FT 2y

 

Total:

9y 8m 19d

NPP 5y 8m 19d

AA

4y 6m

NPP 2y

 

FT 2y

 

Total:

6y 2m 19d

NPP 3y 8m 19d

dishonesty and drug offences

Supplied 28.35g cocaine to organisation of drug street runners – two further supplies of 28.3g and 26.35g – regular supplier to organisation

Two years later robbed bank with two co-offenders

Early drug user - supplied drugs to support own addiction – family support – some attempts at overcoming addiction

Nguyen

(21)

[2002] NSWCCA 267

Rob in Co.VG

3y

NPP 18m

AA

2y

NPP 12m

Steal from person, drugs.With two co-offenders demanded money from 15y school boy at railway - took $20 - no premeditation

Fonseka

(19)

[2002] NSWCCA 324

Rob in Co.PG

4y

NPP 2y

ADAggravated robbery, stealing, dishonestyGrabbed female's mobile phone as she was holding it in her car.

Bolamatu

(30)

[2002] NSWCCA 454

Rob in Co

 

 

 

Assault

PG

 

 

 

VG

5y

NPP 3y

 

 

18m

NPP 12m

 

Total:

6y

NPP 4y

AA

5y

NPP 2y 6m

 

18m

NPP 12m

 

Total:

6y

NPP 3y 6m

extensive record for violence and robbery offences

Attended flat with co-offender to collect debt – went on violent rampage threatening female pregnant occupant – robbed bank with co-offender jumping counter and taking $30,000

Sentences partially concurrent with existing sentences

Suffered mental health problems since a teenager

Mitchell

(21)

[2002] NSWCCA 491

Rob in Co

PG

(17%)

5y

NPP 3y 4m

ADsignificant record - breached parole and recognisanceHome invasion with 3 co-offenders to obtain free drugs - occupants assaulted with steel poles and bats - offender did not wield any weapons but took drugs and other property.

Martin

(24)

[2003] NSWCCA 25

Rob in Co

PG

(15%)

3y 4m

NPP 1y 10m

(+ 7m 21d PSC)

AA

3y 1m

NPP 21m

(backdated)

poor

Robbed 45y female on street - impulsive - initiated by co-offender

Difficult childhood – drug addicted parents and violent step father - mildly mentally retarded - protection - schizophrenic

Davis

(37)

[2003] NSWCCA 62

Rob in Co

 

Sched:

Possess cannabis

GIC

VG

3y 4m

NPP 2y 6m

ADminor record - irrelevant

Robbed hotel - disguised - employees taped up - supportive role

Assistance - good prospects of rehabilitation

Boa Morte

[2003] NSWCCA 75

Rob in Co

 

Sched:

AOABH

PG

(25%)

2y 8m

NPP 1y 8m

ADnot statedGroup threatened and punched victim at train station – $3 taken

J Hickey

(29)

[2003] NSWCCA 110

 

Co-offender:

T.HICKEY

(multiple offences)

Rob in Co

 

Sched:

Steal from person

PG

(25%)

3y 9m

NPP 2y 6m

Crown ADlengthy but less serious 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

JH - some prospects of rehabilitation

Shiagetz

(29)

[2003] NSWCCA 115

Rob in CoVG

4y

NPP 2y

ADLengthy record – minor violence

Group approached victim's group on street late at night – offender demanded backpack – during subsequent fight backpack taken

Step father to young child – need for lengthy supervision for drug addiction

Bell

(33)

[2003] NSWCCA 132

Rob in Co

PG

(20% on appeal)

6y 6m

NPP 4y

AA

4y 10m

NPP 3y

Lengthy record – breached two bonds

Female – threatened and assaulted female in arcade – joined by co-offender – stole bag – caused broken nose

Troubled background involving physical and sexual violence and drug abuse

Stanley

(18)

[2003] NSWCCA 233

Assault w/i Rob in Co

PG

(25%)

3y

NPP 2y

ADPoor – breached probation order

Induced male acquaintance to withdraw money with promise of cheap beer – victim subsequently attacked – principal

Aboriginal

Huynh

(27)

[2003] NSWCCA 239

Rob in Co

 

 

 

AOABH

VG

8y

NPP 5y

 

 

FT 2y

 

Total:

9y

NPP 6y

AA

6y 6m

NPP 4y

 

FT 2y

 

Total:

7y 6m

NPP 5y

breached parole – lengthy record including robbery and violence

With co-offender accosted male leaving train station – took wallet and phone and demanded PIN for phone – forced victim to walk with them then pursued, kicked and punched him when he attempted to escape

Refugee from Vietnam – drug addiction

Delaney

(25)

[2003] NSWCCA 342

Rob in Co

 

 

 

SMV

 

Sched:

self admin drug

VG

 

 

 

PG

4y

NPP 2y

 

 

FT 12m

(concurrent)

AA

3y 9m

NPP 1y 10m 15d

 

FT 12m

(concurrent()

extensive record for less serious offences – included assault

One of three men robbed convenience store – female attendant threatened with syringe – offender wrestled metal pipe from male owner and hit him with pipe to allow escape – offenders left in stolen car – offender not aware syringe would be produced

Long history of drug abuse

Additional credit given on appeal for quasi-custodial period in rehabilitation centre

Stepanovic

(20)

[2003] NSWCCA 343

Rob in Co

 

Sched:

Kidnapping

Obtain benefit by deception

PG

4y

NPP 3y

ADLengthy – breached conditional libertyForced driver of car to drive around Sydney – stole $200 from ATM – co-offender held knife to victim's neck

Dukino

(21)

[2003] NSWCCA 379

 

Co-offender:

MOSHREI

(multiple offences)

Rob in Co

 

Sched:

2 x Rob in Co

PG

(15%)

5y

NPP 2y 9m

ADAppallingFour 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

Lomas

(23)

[2004] NSWCCA 46

Rob in Co

 

Sched:

Rob in Co

PG

(15%)

7y

NPP 5y

ADRobbery, stealing – breached parole for similar offence.

5 offenders robbed bank – offender climbed over bank counter taking $20,932.

History of drug abuse – special circumstances.

Towards top end of range

Ngatikaura

(19)

[2004] NSWCCA 175

Rob in Co

PG

(25% on appeal)

5y

NPP 3y

AA

3y 6m

NPP 2y

Minor

Victim confronted by two men in store – co-offender restrained victim while offender took wallet – co-offender unexpectedly produced knife

Contrition – parity

Walker

(34)

[2004] NSWCCA 230

Rob in CoPG

3y 7m 6d

NPP 2y 4m 15d

AA

To backdate sentence

Priors – breached parole

Female - robbed 40y female in street with 2 co-offenders – victim struck by male

Element of double punishment in not backdating sentence

Lewis

(25)

[2004] NSWCCA 383

Rob in Co

PG

(20%)

3y 2m

NPP 2y 2m

ADNil

Robbed male on street taking earnings from nightclub to bank

Drug and alcohol abuse – good prospects of rehabilitation

Halkias

[2004] NSWCCA 429

Rob in Co

 

 

 

Malicious damage

 

Stealing

PG

3y 9m

NPP 2y 3m

 

 

2y

NPP 1y 6m

 

2y

NPP 1y 6m

 

Total:

5y

NPP 3y 6m

AA

3y 9m

NPP 2y 3m

 

1y 4m

NPP 1y

 

1y 4m

NPP 4m

 

Total:

4y 6m

NPP 3y

Breached bail when committing first offence – breached bail for first offence and two bonds when committing second offences

With four co-offenders attempted to break into poker machines at hotel –money taken from one machine - barman threatened with screwdriver by co-offender – one year later stole cash box from poker machine in different hotel – offence committed day after sentencing proceedings commenced for earlier robbery offence – utter contempt for criminal justice system

On appeal parity error in relation to second offences

Saleib

(22 at sentence)

[2005] NSWCCA 85

Rob in Co

 

 

AOABH in Co

 

Sched:

2 x rob offences

PG

(33.3% plea and remorse)

5y

NPP 3y

 

4y

NPP 1y

 

Total:

7y

NPP 4y

ADlengthy record including robbery in company offences – breached bonds

One of group of men who approached, assaulted and robbed another group of men on street at night – one year earlier confronted male stranger walking from train station at night – offender and associates assaulted victim until unconscious

Major drug and alcohol problem – some evidence of rehabilitation – protective custody – some assistance

Ibrahimi

(19)

[2005] NSWCCA 153

Rob in Co

 

Sched:

Rob in Co

PG

(20%)

4y

NPP 2y

ADBreached conditional liberty – assault and offensive behaviourRobbed train commuters at railway station

McNamara

(28)

[2005] NSWCCA 195

Rob in Co

PG

(15%)

8y

NPP 4y 6m

AA

6y

NPP 3y 6m

Limited recordRobbed club during day – co-offender armed with gun

Andrews

(2006) 160 A Crim R 505

NSWCCA

Rob in CoPG

6y

NPP 3y

ADConsiderableWith co-offender robbed jogger of mobile phone

Chahine

[2006] NSWCCA 99

Rob in Co

 

Sched:

Carried in conveyance

VG

10y

NPP 7y 6m

ADSignificant prior convictions – breached paroleInvolved in bank robbery with two co-offenders – stolen car

Spurling

(24)

 

 

Everuss

(43)

 

[2006] NSWCCA 245

Rob in Co

 

 

 

Rob in Co

VG

 

 

 

VG

4y

NPP 2y 6m

 

 

3y

NPP 18m

AD

 

 

 

AD

Priors included armed robberies – breached bail

 

Priors less serious

Assaulted and robbed male acquaintance in backyard – stole wallet

S – borderline intellect

E - principal

Dyer

(19)

[2006] NSWCCA 274

 

Co-offender:

BROWNE

Rob in Co

PG

(15%)

3y 6m

NPP 2y

ADExtensive – no violence – breached PD

Robbed train passenger with two co-offenders – lesser offender

Good prospects of rehabilitation – low intelligence

Doolan

(31)

[2006] NSWCCA 344

Rob in CoPG

4y 6m

NPP 2y 6m

ADMinor

Two females robbed female pedestrian – assault – lesser offender

Aboriginal – disadvantaged childhood – drug abuse – schizophrenia - remorse

Khare

(19)

[2006] NSWCCA 388

Rob in Co

PG

(15%)

2y 10m

NPP 16m

AD 

Three men robbed university student on train at night – victim punched to face

Participated in drug rehabilitation program prior to sentence

Boakye-Yiadom

(18)

[2006] NSWCCA 400

Rob in CoVG

5y

NPP 3y

ADSteal from person - on bail.In company of others menaced victim on train – co-offender threatened with knife – obtained money and mobile phone.

Suttle

[2007] NSWCCA 264

Rob in Co

PG

(15%)

2y 6m

NPP 1y 3m

AD 

Female passenger attacked by two females on train – punched, kicked and hair pulled – stole mobile phone

Significant mental problems – drug and alcohol abuse

Palmer

[2007] NSWCCA 308

Rob in CoPG

4y 6m

NPP 3y

ADBreached conditional liberty – significant record including robbery and violenceNo facts

Syed

(19)

 

 

Mahmood

(21)

 

[2008] NSWCCA 37

Rob in Co

 

 

 

Rob in Co

VG

 

 

 

VG

1y 10m

NPP 1y 3m

(suspended)

 

1y 8m

NPP 1y 3m

(suspended)

Crown ADNil

With armed co-offender robbed victim of mobile phone on street at night.

Both offenders of good character.

Sentences inadequate but Court declined to intervene due to age of matter and rehabilitation since offence.

II

(20)

[2008] NSWSC 325

Fullerton J

Rob in Co

 

Sched:

11 related offences

PG

(10%)

3y

NPP 21m

 Nil

Female driver of car for four men involved in robbery of hotel – unaware of presence of weapons – patron fatally stabbed in subsequent struggle

Out of character

Co-offenders (SL, RT and WS) sentenced for s.97(2)

Bolder

(41)

 

 

Zaphir

(42)

 

[2008] NSWCCA 222

Assault w/I to rob in company

 

 

Assault w/I to rob in company

VG

 

 

 

VG

2y

NPP 15m

PD

 

2y

NPP 15m

PD

Crown AA

4y 6m

NPP 2y

 

4y 6m

NPP 2y

Minor

 

 

 

Minor

63y male left units after visiting sister – attacked by B after hand signal from Z – Z joined attack – punched and kicked and dragged down stairs – assault lasted 2 minutes and caused significant injuries

Difficult childhoods and mental health issues

Beattie

(20)

[2009] NSWCCA 51

Rob in CoPG

4y

NPP 2y 6m

AA

4y

NPP 1y 6m

On bail – record for dang driving, AR, BES.

With co-offenders robbed victim of money and personal items late at night.

Appeal allowed to adjust sentence in view of accumulation to existing sentence

Chamma

(18)

[2009] NSWCCA 92

Rob in Co

 

Sched:

3 offences

PG

2y 5m

NPP 1y 2m

PD

Crown AA

2y

NPP 12m

Breached probation order – disqualified driver

Three men robbed convenience store at night – driver of van – police chase from scene – unaware of use of knife – principle in second degree

Significant prospects of rehabilitation – drug, alcohol and gambling problems

Withers

(25)

[2009] NSWCCA 133

Rob in Co 

5y

NPP 3y

AA

4y 6m

NPP 2y 8m

Lengthy - no violence.

With co-offender robbed service station – threatened female service station attendant with steel bar – asked for money.

Drug abuse – mental illness – unstable upbringing

Steele

(22)

[2009] NSWCCA 209

Rob in Co

PG

(25% plea and assist)

3y 9m

NPP 2y

ADRecord including AOABH

4 offenders assaulted male passenger on train – sustained kicking to victim on floor of train – made threat to kill if reported incident

Offered to give assistance against co-offender – reasonable prospects of rehabilitation

Collett

[2009] NSWCCA 236

Rob in Co

 

 

2 x Enter building with intent

 

Larceny

 

Sched:

3 offences

PG

(25%)

2y 9m

NPP 18m

 

17m

NPP 9m

(each)

 

FT 9m

 

(all concurrent)

Crown AA

3y 6m

NPP 22m 15d

 

(other sentences unchanged)

 

Entered stolen vehicle driven by co-offender with several others – broke into two club premises smashing glass door – stole alcohol from one premises – one of three offenders who robbed newsagency – male victim pushed and kicked – significant role but not principal

Drug use – special protection

On appeal – failure to give evidence as promised

Lau

[2009] NSWCCA 237

Rob in Co

PG

(25%)

4y

NPP 2y 6m

ADLengthy - drugs, property, assault.With co-offender robbed victim of wallet.

Frahm

(24)

[2009] NSWCCA 249

Att Rob in Co

PG

(25%)

4y 6m

NPP 3y

AA

3y 3m

NPP 2y

Extensive record

Demanded money from grocery store attendant while in company – attendant refused and ran from cash register area – unsuccessfully attempted to open cash register

Under influence of ice – socially disadvantaged childhood – severe substance abuse – gambling addiction

Phanith

(24)

[2009] NSWCCA 274

 

Co-offender:

ENGLAND

(multiple offences)

Rob in Co

 

Sched:

Additional offences

PG

(15%)

6y

NPP 4y 6m

ADBreached parole – lengthy record for both property and violence offencesThree 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

Dolan

(18)

[2010] NSWCCA 10

Rob in Co

PG

(25% on appeal)

4y 6m

NPP 2y 6m

AA

3y

NPP 2y

Prior record in children's court – breached bond

Three young men robbed cleaner at MacDonald's – intoxicated

Difficult childhood – evidence of rehabilitation

Kelso

(22)

[2010] NSWCCA 34

Rob in Co

PG

(25%)

4y

NPP 2y

AA

3y

NPP 18m

Minor

With co-offender robbed victim on train of bicycle – victim assaulted.

Good character – rehabilitation prospects.

Appeal allowed on parity ground.

Abdisimi Hersi

(19)

 

 

 

Abdizarak Hersi

(21)

 

[2010] NSWCCA 57

Rob in Co

 

 

 

 

Rob in Co

VG

 

 

 

 

VG

2y

NPP 12m

PD

 

 

2y

NPP 12m

Crown AA

4y

NPP 2y 6m

 

 

5y

NPP 3y

Nil

 

 

 

 

Larceny; on bond

Group of 5 males assaulted and kicked male victim to ground – took wallet containing cash and cards.

Hawke

[2010] NSWCCA 172

Rob in Co

 

Sched:

AOABH

PG

(25%)

3y

NPP 18m

AA

Only to adjust commencement date

Minor

With friends attacked victim outside club on street - punched and kicked – took wallet – opportunistic offence - well towards lower end of range of offences.

Special circumstances - good prospects rehabilitation - youth

Georgopolous

(23)

[2010] NSWCCA 246

Rob in Co

PG

(20%)

3y

NPP 18m

ADnil relevant

Three men alighted from car and attacked male walking along street at 3.30am – victim punched and kicked to ground and kicked to body – phone and wallet stolen – offender not principal

Good prospects of rehabilitation

Carroll

[2011] NSWCCA 200

Rob in CoVG

5y

NPP 2y 3m

AA

4y

NPP 1y 9m

 

Female - with male co-offender robbed male victim knowing he had large amount of money in his wallet – no violence inflicted – no serious injuries to victim – opportunistic offence.

SJ erred in finding case fell somewhere higher up scale than 4-5y range referred to in Henry.

Drug and alcohol abuse.

Hamed

[2011] NSWCCA 219

Rob in CoVG

8y

NPP 5y

ADOn parole for robberyRobbed post office in company with two unidentified co-offenders – took cash in excess of $9,000 – some degree of planning – in possession of knife

Perez

(21)

[2012] NSWCCA 167

Rob in CoPG

4y

NPP 2y

ADminor, not relevant

With co-offender robbed victim of $3200 – victim intended to purchase campervan from co-offender and arrived with money - co-offender punched victim in face – offender pointed "taser" device at victim – drove away with money - planned offence.

Drug abuse – good prospects rehabilitation.

Ghobrial

(21)

[2012] NSWCCA 221

Rob in Co

PG

(25%)

2y 6m

1y 3m

ADpossess drug

With two co-offenders, robbed victim in club car park – victim just collected $900 in winnings – followed victim to car park – offender struck victim in back of head with elbow – caught by CCTV.

Remorse - supportive family – sought help for drug problems.

Sen

(31)

[2013] NSWCCA 30

Rob in Co

 

 

 

Detain in Company

 

5y 4m 24d

NPP 4y 18d

 

 

5y 4m 24d

NPP 4y 18d

(concurrent)

AA

4y 9m

NPP 3y

 

4y 9m

NPP 3y

(concurrent)

Minor – breached conditional liberty

Involved in robbery of drug dealer with two females – victim forced into bedroom and stabbed with knife by female offender

History of mental illness

Bloomfield

(26)

[2013] NSWCCA 315

Rob in Co

PG

(25%)

4y 6m

NPP 3y 4m 15d

ADRecord

Robbed 15y male on train in company – dragged victim to ground and placed knee on chest – told victim he had a knife

Aboriginal with difficulty childhood – drug abuse

Hallak

[2014] NSWCCA 48

Rob in Co

PG

(5%)

4y 3m

NPP 1y 1m

ADrecord included assault with intent to rob and violence - on parole.With brother robbed female victim at train station – tried to get victim's handbag – offender took hold of victim's left arm in bicep area and grabbed it with such force that victim felt pain – when victim did not let go handbag co-offender squeezed victim by neck.

Yousif

(19)

[2014] NSWCCA 180

Rob in Co

PG

(10%)

4y 2m

NPP 2y 1m

ADAppalling – multiple robbery offences – breached parole for rob in company

With co-offender robbed male on train at 11pm – co-offender used knife to threaten victim – victim punched and hit with butt of knife by one or both offenders – limited planning – vulnerable victim

Refugee from Iraq as a child – entrenched drug addiction – continued recalcitrant behaviour in custody demonstrates nil prospects of rehabilitation

Wran

(26)

[2015] NSWSC 1015

Harrison J

Rob in Co

 

 

Accessary after fact to murder

PG

(20%)

 

(25%)

4y

NPP 2y

 

FT 1y

(concurrent)

 Minor

Female attended unit with two male co-offenders – spontaneous agreement to use threat of force to purchase more drugs than could afford – anticipated possible use of some physical force – waited in lounge room while co-offender forced occupants to bedroom and stabbed them – one died – unaware of presence of knife until entered unit – money and drugs stolen by co-offenders – low objective seriousness

Stayed with male who fatally stabbed victim – boyfriend – for three days failed to report to police – suffering ill health, mental illness and drug addiction – no active concealment or assistance in attempt to escape – aggravated by involvement in robbery – low objective seriousness

Lengthy history of mental illness and drug addiction – good character – genuine remorse – prospects of rehabilitation – continued need for supervision – good support – extra curial punishment from adverse and erroneous publicity – onerous conditions of custody

JM

(17)

[2016] NSWSC 98

RA Hulme J

Rob in Co

 

SMV

PG

(40% plea and assist))

6m GBB

 

(5m PSC)

 insignificant

Joint plan between four offenders - victim lured by offender to park for robbery - beaten to death by co-offender D– JM took keys and went to victim's home and stole car – limited acquaintance with co-offender and not aware he would use violence – element of duress (fear of D) – assaulted by D in dock

Abusive childhood primarily in foster care – chronic physical and psychological health – behavioural problems – poverty – drug use - remorse

El Sayah

(18)

 

 

Idaayen

(18)

 

Mansaray

(18)

 

[2018] NSWCCA 64

Rob in Co

 

 

 

Rob in Co

 

 

Rob in Co

PG

(25%)

 

 

PG

(25%)

 

PG

(25%)

2y 4m

NPP 10m

 

 

2y 4m

NPP 10m

 

2y 4m

NPP 10m

Crown AA

3y

NPP 1y 10m

 

3y

NPP 1y 10m

 

3y

NPP 1y 10m

nil

 

 

 

nil

 

 

 

nil

Four offenders drove stolen car to tobacconist shop at night – entered disguised and carrying knife and meat cleaver – threatened and assaulted sole male employee – forced him to ground – when alarm set off locking them in shop punched victim and trashed shop

Genuine remorse and evidence of rehabilitation

Stanley

(32)

[2018] NSWCCA 93

Rob in Co

 

 

 

Resist police

PG

(25%)

3y 6m

NPP 2y 6m

 

 

6m

(concurrent)

AA

3y

NPP 1y 9m

 

6m

(concurrent)

Stealing, obstruct police - on bail for assault.

With 2 co-offenders approached male victim – threats made to assault – victim handed over $40 to co-offender - spontaneous offence – no actual violence – related to drug taking.

Aboriginal - intellectual disability - intellectual capacity in lowest 1-3% of population - deprived background - drug and alcohol abuse.

On appeal - reduced significance of general deterrence in case of intellectually disadvantaged offender.

Weribone

[2018] NSWCCA 172

Rob in Co

PG

(25%)

3y

NPP 18m

ADbreached parole

Female – met up with male victim that co-offender met online – three spent some time together – victim's mobile phone taken – money demanded for return – victim assaulted and threatened

8 months pregnant at sentence – child removed after birth – deprived childhood

Last Updated: 1.11.2018

 

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