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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.

 

s.94(b) - Steal from Person 

94 Robbery or stealing from the person
(a) robs or assaults with intent to rob any person, or
(b) steals any chattel, money, or valuable security from the person of another

Maximum penalty – 14 years
Amended on 2.7.2018 to distinguish the two offences by letters (a) and (b)

Case
(age if known)

OffencesPleaSentenceAppealRecordFacts

White

(23)

NSWCCA

29.5.1998

9 x s.94

 

Sched:

2 x stealing

2 x poss cannabis

PG

MT 5y

AT 2y

ADpoor record - offences committed two months after being released to parole

Bag snatching from mostly elderly women - some victims injured.

Ellis discount - protection - some evidence of drug rehabilitation

Ali

(21)

NSWCCA

9.11.1998

s.94PG

MT 2y

AT 2y

ADfraud, property offence, violence offence - escapeeSnatched bag containing cash and cheques (employer takings) from young female - caught by bystanders.

Rohrick

(32)

[1999] NSWCCA 58

s.94PG

MT 3y

AT 2y

AA

MT 2y 6m

AT 2y 6m

record included robberyAttempted to take bag from female with four young children having observed her withdrawing money from ATM - aggravated by element of violence and premeditation and involvement of children

Reid

(32)

[2000] NSWCCA 166

Acc after fact to steal from person

 

LMV

PG

3y

NPP 18m

 

2y

NPP 18m

(concurrent)

ADappalling

With co-offender stole a car – drove car while co-offender leaned out and grabbed handbag from female pedestrian – drove short distance

Aboriginal – removed from family at young age – drug addiction

SLR

(16)

[2000] NSWCCA 436

s.94

 

AOABH

 

Steal from dwelling

 

s.94

PG

FT 3m

 

FT 6m

 

FT 3m

 

 

MT 4m

AT 2y

 

Total:

MT 10m

AT 2y

AA

only to allow offender to be transferred to adult prison upon birth of child

breached bail

Female – ran up to 77y female on street and grabbed wallet – entered house of 76y male with Alzheimer's to steal money – confronted by occupant and struck victim to head with ornament before stealing money – approached 75y male on street from behind – took wallet from back pocket and pushed victim over

Living rough – drug and alcohol addictions – pregnant at time of sentencing

Fresh evidence on appeal showed no facilities within juvenile detention centre to permit offender to keep baby

Hua

(19)

[2002] NSWCCA 384

s.94

 

 

 

Demand money with menaces

PG

3y

NPP 18m

 

 

FT 11m

(concurrent)

AA

2y

NPP 7m

 

FT 11m

 

Total:

2y 11m

NPP 18m

drugs, dishonesty and assault – breached parole

Approached and threatened 19y male walking down street – took money, phone and key card – forced victim to disclose PIN – approached Victim two days later – approached different victim next day – made threats – forced victim to sit in food area until victim escaped

Vietnamese with little family support in background – early drug addiction

Randall

[2002] NSWCCA 239

s.94

PG

(25%)

3y 6m

NPP 21m

AA

2y 6m

NPP 17m

hemp, alcohol

Stole handbag from elderly lady while she loaded shopping into car

Aboriginal with intellectual impairment

SJ erred in taking into account that offender had pushed victim

Miski

(19)

[2002] NSWCCA 392

s.94

 

 

 

AOABH

PG

(25%)

4y

NPP 3y

 

 

FT 12m

(concurrent)

AA

3y 6m

NPP 2y 3m

 

FT 12m

(concurrent)

dishonesty offences – breached suspended sentence

Approached victim walking down street and grabbed phone – gave phone to second male – demanded money from victim to retrieve phone – grabbed victim in headlock and punched in mouth - victim agreed to pay $200 to retrieve phone

Drug addiction – fresh evidence of protective custody

Young

(23)

[2003] NSWCCA 276

s.94

PG

(25% on appeal)

4y

NPP 18m

AA

3y

NPP 18m

AR, violence

Stole mobile phone from young male victim camping with friends – threatened with tree branch – intoxicated

Remorse

Wilson

(22)

 

 

 

Murphy

(female)

(33)

 

[2004] NSWCCA 94

s.94

 

Sched:

3 x GIC

 

s.94

 

Sched:

Receiving

PG

 

 

 

 

PG

3y 6m

NPP 2y

 

 

 

3y 6m

NPP 1y

AD

 

 

 

 

AD

Appalling

 

 

 

 

Appalling

Bag taken from complainant sitting at food stall – no violence

Deprived backgrounds - drug addiction – some prospects of rehabilitation

SM has marked mental and psychological disadvantages – sentence cumulated to existing sentence

Trindall

[2005] NSWCCA

2 x s.94

 

 

 

Assault

PG

(25% on appeal)

4y

NPP 2y

 

 

FT 2y

(all concurrent)

AA

3y

NPP 18m

 

FT 18m

(all concurrent)

extensive record – breached parole

Female – approached female sitting at trial station – hugged her and took wallet from handbag – approached second female and hugged her also – grabbed wallet from bag – in struggle victim pulled to ground and head banged on concrete three times

Difficult background

Kumar

[2007] NSWCCA 352

s.94PG

3y

NPP 2y

ADTheft

With co-offender stole mobile phone from male victim – apprehended one month later when recognised by victim

Drug addiction

Edwards

(32)

[2009] NSWCCA 199

s.94PG

2y

NPP 15m

Suspended

ADPriors for dishonesty and stealing from person

Female – grabbed money from male who had just withdrawn it from ATM – squeezed hand of victim

Seven children and pregnant at time of sentence – suffering developmental disability

Suspension revoked after commission of additional offences - appeal against both original sentence and revocation dismissed

Ruano

[2011] NSWCCA 149

 

 

 

 

 

 

 

 

 

Co-offender:

RIOS

s.94

 

 

 

s.94

 

 

s.94

PG

(25% - see judgment of Rios)

2y 3m

NPP 1y 5m 17d

 

 

1y 10m

NPP 1y 2m 18d

 

3y

NPP 1y 11m 12d

 

Total

3y 11m

NPP 2y 10m 12d

AA

2y 3m

NPP 1y 5m 17d

 

1y 10m

NPP 1y 2m 18d

 

3y

NPP 1y 8m

 

Total

3y 11m

NPP 2y 7m

Lengthy criminal recordFemale - with co-offenders stole substantial amounts of cash while victims distracted - $3,500 taken from pocket of 79y male in shopping centre – 12m later $1,600 in envelope in shopping trolley taken – $21,296 taken from handbag while co-offenders distracting victim – part of syndicate of highly organised thieves

Rios

(51)

[2012] NSWCCA 8

 

 

 

 

 

 

 

 

Co-offender:

RUANO

s.94

 

 

 

s.94

 

 

s.94

PG

(25%)

2y 7m 15d

NPP 1y 11m 19d

 

 

2y 3m

NPP 1y 8m 7d

 

3y 4m 15d

NPP 2y 6m 11d

 

Total

4y 3m 16d

NPP 3y 5m 12d

AA

2y 7m 15d

NPP 1y 11m 19d

 

2y 3m

NPP 1y 8m 7d

 

3y 4m 15d

NPP 2y 3m 17d

 

Total

4y 3m 16d

NPP 3y 2m 17d

Record – breached bailWith co-offenders stole substantial amounts of cash while victims distracted - $3,500 taken from pocket of 79y male in shopping centre – 12m later $1,600 in envelope in shopping trolley taken – $21,296 taken from handbag while co-offenders distracting victim – part of syndicate of highly organised thieves

Wingco

[2018] NSWCCA 187

8 x s.94

 

Sched:

7 offences

PG

(25%)

Aggregate:

3y 4m

NPP 1y 10m

ADStealing, larceny goods in custody. Previous custody.  Subject to ICO at time of offences.

Female - stole wallets / purses from number of victims at shopping centres – wallets containing cash and bank cards – large amount of cash, wallets and other items located at offender's home - well below mid-range of seriousness, approaching bottom of range.

Kleptomania.

Last updated: 3.9.2018

 

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