Stenschke

Murray

(19)

NSWCCA

5.5.1997

VG

VG

AD

Conv AD

Tawake

[1999] NSWCCA 147

Walker

(25)

[1999] NSWCCA 144

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

Overcome heroin addiction - father of five children.

Knowles

(36)

[1999] NSWCCA 235

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.

Kitiona

(20)

[1999] NSWCCA 393

Murchie

(18)

(1999) 108 A Crim R 482

[1999] NSWCCA 424

AA

MT 2y 3m

AT 2y 9m

FT 12m

FT 12m

(all concurrent)

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

Griggs

(19)

(2000) 111 A Crim R 233

[2000] NSWCCA 33

Crown AA

18m

PD

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

Sok

[2000] NSWCCA 121

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

Clarke

(18)

[2000] NSWCCA 160

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

Archer

(18)

[2000] NSWCCA 176

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

Hocking

(24)

[2000] NSWCCA 339

Crown AA

4y

NPP 2y 9m

Assaulted and robbed male of small amount of money.

Aboriginal - institutionalised.

Failed undertaking to give evidence against co-offenders.

Calderoni

[2000] NSWCCA 511

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.

Morgan

(26)

[2001] NSWCCA 104

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

Atkinson

(20)

[2001] NSWCCA 135

AA

5y 3m

NPP 2y

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.

Lo

(19)

[2001] NSWCCA 271

PG

(15% on appeal)

AA

5y

NPP 3y

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

Heroin addict - special circumstances

Insufficient discount for guilty plea.

Pearce

[2001] NSWCCA 349

Perese

(18)

(2001) 126 A Crim R 508

NSWCCA

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

Drug addiction.

Kumar

(19)

[2002] NSWCCA 95

Sharma

(19)

(2002) 130 A Crim R 238

NSWCCA

PG

(50% plea and assist on appeal)

Crown AA

2y

NPP 18m

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

Simpson

(23)

[2002] NSWCCA 167

AA

4y

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

Marouche

(20)

[2002] NSWCCA 202

AA

5y

NPP 2y 6m

FT 12m

FT 6m

Total:

5y 6m

NPP 3y

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

Hammoud

(22/24)

[2002] NSWCCA 254

AA

4y 6m

NPP 2y

FT 2y

Total:

6y 2m 19d

NPP 3y 8m 19d

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

Fonseka

(19)

[2002] NSWCCA 324

Mitchell

(21)

[2002] NSWCCA 491

PG

(17%)

Davis

(37)

[2003] NSWCCA 62

Robbed hotel - disguised - employees taped up - supportive role

Assistance - good prospects of rehabilitation

J Hickey

(29)

[2003] NSWCCA 110

Co-offender:

T.HICKEY

(multiple offences)

PG

(25%)

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

Bell

(33)

[2003] NSWCCA 132

PG

(20% on appeal)

AA

4y 10m

NPP 3y

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

Huynh

(27)

[2003] NSWCCA 239

AA

6y 6m

NPP 4y

FT 2y

Total:

7y 6m

NPP 5y

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

Stepanovic

(20)

[2003] NSWCCA 343

Lomas

(23)

[2004] NSWCCA 46

PG

(15%)

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

History of drug abuse – special circumstances.

Towards top end of range

Walker

(34)

[2004] NSWCCA 230

AA

To backdate sentence

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

Element of double punishment in not backdating sentence

Halkias

[2004] NSWCCA 429

AA

3y 9m

NPP 2y 3m

1y 4m

NPP 1y

1y 4m

NPP 4m

Total:

4y 6m

NPP 3y

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

Ibrahimi

(19)

[2005] NSWCCA 153

PG

(20%)

Andrews

(2006) 160 A Crim R 505

NSWCCA

Spurling

(24)

Everuss

(43)

[2006] NSWCCA 245

VG

VG

AD

AD

Assaulted and robbed male acquaintance in backyard – stole wallet

S – borderline intellect

E - principal

Doolan

(31)

[2006] NSWCCA 344

Two females robbed female pedestrian – assault – lesser offender

Aboriginal – disadvantaged childhood – drug abuse – schizophrenia - remorse

Boakye-Yiadom

(18)

[2006] NSWCCA 400

Palmer

[2007] NSWCCA 308

II

(20)

[2008] NSWSC 325

Fullerton J

PG

(10%)

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)

Beattie

(20)

[2009] NSWCCA 51

AA

4y

NPP 1y 6m

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

Withers

(25)

[2009] NSWCCA 133

AA

4y 6m

NPP 2y 8m

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

Drug abuse – mental illness – unstable upbringing

Collett

[2009] NSWCCA 236

PG

(25%)

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

Frahm

(24)

[2009] NSWCCA 249

PG

(25%)

AA

3y 3m

NPP 2y

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

Dolan

(18)

[2010] NSWCCA 10

PG

(25% on appeal)

AA

3y

NPP 2y

Three young men robbed cleaner at MacDonald's – intoxicated

Difficult childhood – evidence of rehabilitation

Abdisimi Hersi

(19)

Abdizarak Hersi

(21)

[2010] NSWCCA 57

VG

VG

Crown AA

4y

NPP 2y 6m

5y

NPP 3y

Georgopolous

(23)

[2010] NSWCCA 246

PG

(20%)

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

Hamed

[2011] NSWCCA 219

Ghobrial

(21)

[2012] NSWCCA 221

PG

(25%)

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.

Bloomfield

(26)

[2013] NSWCCA 315

PG

(25%)

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

Yousif

(19)

[2014] NSWCCA 180

PG

(10%)

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

JM

(17)

[2016] NSWSC 98

RA Hulme J

PG

(40% plea and assist))

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

Stanley

(32)

[2018] NSWCCA 93

PG

(25%)

AA

3y

NPP 1y 9m

6m

(concurrent)

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.