Robbery in Company - Single

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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.97 Crimes Act

Table last updated: 1 November 2018.

(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.

Stenschke and Murray (19) NSWCCA 5.5.1997

• Offence: Rob in Co
  
• Plea: VG
  
• Sentence: 
  Stenschke: MT 15m, AT 21m 
  Murray: MT 1y 6m, AT 1y 6m 
  
• Appeal: 
  Stenschke: AD 
  Murray: Conv AD 
• Record: (Stenschke) assault, robbery 
• Facts: Group attacked male victim taking bag and wallet.

Leoni (21) [1999] NSWCCA 14

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 2y 9m, AT 2y 3m
  
• Appeal: AD
  
• Record: Similar matters as juvenile
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 3y, AT 1y
  
• Appeal: AD
  
• Record: Larceny, aid abet robbery – breached bail
• Facts: 3 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

• Offence: Rob in Co
  Sched: drug offences
• Plea: PG
  
• Sentence: MT 1y 3m, AT 3y 9m
  
• Appeal: Crown AA, MT 3y, AT 2y
• Record: MV theft, dishonesty, BE&S – previous custody – breached recognisance
• Facts: 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

• Offence: Rob in Co 
  Sched: Drive stolen MV
• Plea: PG
  
• Sentence: MT 1y 9m, AT 1y 3m
  
• Appeal: AD
• Record: no details – breached CSO – no previous custody
• Facts: 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

• Offence: Rob in Co 
  Sched: 3 offences
• Plea: PG
  
• Sentence: MT 6m, AT 2y 3m
  
• Appeal: Crown AA, MT 18m, AT 1y 3m
• Facts: 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

• Offence: Rob in Co 
  Sched: 8 offences
• Plea: PG
  
• Sentence: MT 6y, AT 2y
  
• Appeal: AD
• Record: Extensive, mainly dishonesty - previous custody.
• Facts: 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

• Offence: Rob in Co
  
• Plea: VG
  
• Sentence: MT 1y, AT 1y
  
• Appeal: Crown AD
• Record: "Appalling" - no details given.
• Facts: 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

• Offence: Rob in Co 
  Sched:  
  Steal from person 
  Neg drive 
  Receiving 
• Plea: PG
  
• Sentence: MT 3y 6m, AT 12m
  
• Appeal: AD
• Record: AOABH, agg robbery – breached bail and recognisance.
• Facts: With co-offender snatched handbags of two females (52y) at night.

Carter (19) [1999] NSWCCA 376

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 2y, AT 2y
  
• Appeal: AD
• Record: Dishonesty, larceny, BES - previous custody.
• Facts: 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

• Offence: Rob in Co, Assault, Mal Damage 
  Sched: Possess proh article
• Plea: PG
  
• Sentence:
  Rob in Co: MT 3y, AT 3y 
  Assault: FT 12m 
  Mal Damage: FT 12m 
  (all concurrent) 
• Appeal: AA, MT 2y 3m, AT 2y 9m 
  FT 12m 
  FT 12m 
  (all concurrent)
• Record: BES, assault, possess firearms – Children's Court
• Facts: 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

• Offence: Rob in Co 
  Sched: BES
• Plea: PG
  
• Sentence: MT 4y, AT 3y
  
• Appeal: AA, MT 3y, AT 2y 6m
• Record: No details given – breached recognisance.
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: 2y recog
  
• Appeal: Crown AA, 18m, PD
• Record: minor Children's Court record
• Facts: 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

• Offence: Rob in Co
  Sched: Stealing 
  Assault 
  FTA 
• Plea: PG
  
• Sentence: MT 2y, AT 2y
  
• Appeal: AA, MT 18m, AT 18m
• Record: No details given.
• Facts: With girlfriend and nephew punched 13y male stealing $50. Parity - special circumstances found.

Sok [2000] NSWCCA 121

• Offence: Rob in Co 
  Sched: 3 shop lifting offences
• Plea: PG
  
• Sentence: MT 3y, AT 2y
  
• Appeal: AD
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 18m, AT 18m
  
• Appeal: AA, only to direct release at end of MT
• Record: serious history
• Facts: 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

• Offence: Rob in Co 
  Sched: armed with intent 
  Larceny
• Plea: PG
  
• Sentence: MT 3y, AT 2y
  
• Appeal: AD
• Record: nil
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 12m, AT 2y
  
• Appeal: AA, MT 6m, AT 18m
• Record: nil relevant.
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 12m, AT 2y
  
• Appeal: Crown AD
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 18m, AT 6m
  
• Appeal: AA, to adjust dates for 7 days pre-sentence custody
• Facts: 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

• Offence: Rob in Co
  
• Plea: PG
  
• Sentence: MT 2y, AT 12m, (cumulative to existing sentence 9m)
  
• Appeal: Crown AA, 4y, NPP 2y 9m
• Record: Extensive including robbery, violence, BES – breached recognisance.
• Facts: Assaulted and robbed male of small amount of money. Aboriginal - institutionalised. Failed undertaking to give evidence against co-offenders.

Hughes [2000] NSWCCA 366

• Offences: Rob in Co
  SMV
  Mal Damage
• Plea: PG
  
• Sentence:
  MT 4y
  AT 2y
  FT 15m
  FT 15m (concurrent)
• Appeal: AA
  4y 6m
  NPP 3y
  FT 15m
  FT 15m (concurrent)
• Record: breached recognisance – record includes less serious assaults
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: FT 2y (suspended sentence)
  
• Appeal: Crown AD
  
• Record: No detail.
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: 
  MT 1y 2m
  AT 2y 9m
  (1m PSC)
• Appeal: AA
  3y 5m
  NPP 11m
• Record: No detail.
• Facts: 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

• Offences: Rob in Co
  LMV
  Sched: drive disqual
• Plea: VG
  
• Sentence: 
  7y 1m 
  NPP 4y 1m
  FT 12m (concurrent)
• Appeal: AD
• Record: nil
• Facts: 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

• Offences: Rob in Co
  Larceny
  Receiving
• Plea: PG
  
• Sentence: 
  3y 
  NPP 2y
  PD
  FT 2y
  PD
  FT 6m
  PD
  (all concurrent)
• Appeal: Crown AD
• Record: mal damage and dishonesty offences
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: 
  MT 2y 9m
  AT 3y
• Appeal: AA
  5y 3m
  NPP 2y
• Record: Dishonesty, mal damage, driving
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  6y 
  NPP 4y
• Appeal: AD
• Record: Drugs, dishonesty.
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (15% on appeal)
  
• Sentence: 
  5y 10m 
  NPP 3y
• Appeal: 
  AA
  5y
  NPP 3y
• Record: 8 x rob in co, stealing.
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (30% for all matters)
  
• Sentence: 
  3y 6m 
  NPP 1y 9m
• Appeal: 
  AA
  3y
  NPP 1y 6m
• Record: numerous property, drugs, violence - previous custody – breached recognisance.
• Facts: 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

• Offences: Rob in Co
  Sched: driving offences
• Plea: PG
  
• Sentence: 
  MT 3y 3m 
  AT 2y
• Appeal: AD
  
• Record: breached parole
• Facts: 2 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
• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: 
  2y
  NPP 18m
  PD
• Appeal: Crown AA
  2y 9m
  NPP 16m
• Record: Robbery, inflict GBH, assault, breach AVO.
• Facts: 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

• Offences: Rob in Co
  Sched: Rob in Co.
• Plea: PG
  
• Sentence: 
  6y 6m
  NPP 4y
  
• Appeal: AD
  
• Record: Armed robbery, robbery, assault w/i to rob
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  5y
  NPP 3y
  
• Appeal: AD
  
• Record: nil
• Facts: 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

• Offences: Rob in Co
  Sched: Off conduct
  Resist arrest
• Plea: PG
  
• Sentence: 
  3y
  NPP 18m
  
• Appeal: AD
  
• Record: Robbery, breach AVO, mal damage - no previous custody – breached bond.
• Facts: 2 offenders threatened two teenagers taking mobile phones and wallet

Sharpe (19) [2002] NSWCCA 96

• Co-offender: Hoschke 
• Offences: Rob in Co
  
• Plea: PG (1/3rd)
  
• Sentence: 
  4y
  NPP 2y
• Appeal: AA
  3y
  NPP 21m
• Record: Robbery, drugs, mal damage.  No previous custody.
• Facts: Demanded money from 15y boy at bus stop - took $15 from wallet.
  Parity

Sharma (19) (2002) 130 A Crim R 238 NSWCCA

• Offences: Rob in Co
  
• Plea: PG (50% plea and assist on appeal)
  
• Sentence: 
  18m
  NPP 12m
• Appeal: Crown AA
  2y
• NPP 18m
• Record: minor record
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  3y
  NPP 18m
• Appeal: Conviction AD
• Record: nil
• Facts: Robbed female shopkeeper of $35k store's keepings - apprehended shortly afterward.

Simpson (23) [2002] NSWCCA 167

• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: 
  4y
  NPP 2y
• Appeal: 
  AA
  4y
  NPP 2y (backdated 1m to allow for PSC)
• Record: nil
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (15% on appeal)
  
• Sentence: 
  4y
  NPP 3y
• Appeal: 
  AA
  3y
  NPP 2y 
• Record: record includes violence offence but less serious
• Facts: 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

• Offences: Rob in Co
  SMV
  Escape
  Sched 3 offences
• Plea: PG
  
• Sentence: 
  5y
  NPP 3y
  FT 12m
  FT 6m
  Total: 5y 6m
  NPP 3y 6m
• Appeal: 
  AA
  5y
  NPP 2y 6m
  FT 12m
  FT 6m
  Total: 5y 6m
  NPP 3y
• Record: record includes robbery offences
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  3y 6m
  NPP 15m
• Appeal: 
  AA
  3y
  NPP 11m 
• Record: no detail.
• Facts: 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

• Offences: Rob in Co
  Supply prohibited drug
  Sched 2 drug offences
• Plea: PG
  
• Sentence: 
  8y
  NPP 4y
  FT 2y
  FT 6m
  Total: 9y 8m 19d
  NPP 5y 8m 19d
• Appeal: 
  AA
  4y 6m
  NPP 2y
  FT 2y
  Total: 6y 2m 19d
  NPP 3y 8m 19d
• Record: dishonesty and drug offences
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG 
  
• Sentence: 
  3y 
  NPP 18m
• Appeal: 
  AA
  2y
  NPP 12m
• Record: Steal from person, drugs.
• Facts: With two co-offenders demanded money from 15y school boy at railway - took $20 - no premeditation

Bolamatu (30) [2002] NSWCCA 454

• Offences: Rob in Co
  Assault
• Plea: PG, VG 
  
• Sentence: 
  5y
  NPP 3y
  18m
  NPP 12m
  Total: 6y NPP 4y
• Appeal: 
  AA
  5y
  NPP 2y 6m
  18m
  NPP 12m
  Total: 6y NPP 3y 6m
• Record: extensive record for violence and robbery offences
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (17%)
  
• Sentence: 
  5y 
  NPP 3y 4m
• Appeal: AD
  
• Record: significant record - breAched parole and recognisance
• Facts: Home 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

• Offences: Rob in Co
  
• Plea: PG (15%)
  
• Sentence: 
  3y 4m 
  NPP 1y 10m 
  (+ 7m 21d PSC)
  
• Appeal: 
  AA
  3y 1m
  NPP 21m
  (backdated)
• Record: poor
• Facts: 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

• Offences: Rob in Co
  Sched: Possess cannabis
  GIC
• Plea: VG
  
• Sentence: 
  3y 4m 
  NPP 2y 6m 
  
• Appeal: AD
  
• Record: minor record - irrelevant
• Facts: Robbed hotel - disguised - employees taped up - supportive role
  Assistance - good prospects of rehabilitation

Boa Morte [2003] NSWCCA 75

• Offences: Rob in Co
  Sched: AOABH
• Plea: PG (25%)
  
• Sentence: 
  2y 8m 
  NPP 1y 8m 
  
• Appeal: AD
  
• Record: not stated
• Facts: Group threatened and punched victim at train station – $3 taken

J Hickey (29) [2003] NSWCCA 110

• Co-offender: T.HICKEY (multiple offences)
• Offences: Rob in Co
  Sched: steal from person
• Plea: PG (25%)
  
• Sentence: 
  3y 9m 
  NPP 2y 6m 
  
• Appeal: Crown AD
  
• Record: lengthy but less serious record
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  4y 
  NPP 2y  
  
• Appeal: AD
  
• Record: Lengthy record – minor violence
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (20% on appeal)
  
• Sentence: 
  6y 6m 
  NPP 4y
  
• Appeal: 
  AA
  4y 10m
  NPP 3y
• Record: Lengthy record – breached two bonds
• Facts: 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

• Offences: Assault w/i Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  3y
  NPP 2y
  
• Appeal: AD
  
• Record: Poor – breached probation order
• Facts: Induced male acquaintance to withdraw money with promise of cheap beer – victim subsequently attacked – principal
  Aboriginal

Hyunh (27) [2003] NSWCCA 239

• Offences: Rob in Co
  AOABH
• Plea: VG
  
• Sentence: 
  8y
  NPP 5y
  FT 2y
  Total: 9y NPP 6y
• Appeal: 
  AA
  6y 6m
  NPP 4y
  FT 2y
  Total: 7y 6m NPP 5y
• Record: breached parole – lengthy record including robbery and violence
• Facts: 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

• Offences: Rob in Co
  SMV
  Sched: self admin drug
• Plea: VG, PG
  
• Sentence: 
  4y
  NPP 2y
  FT 12m (concurrent)
  
• Appeal: 
  AA
  3y 9m
  NPP 1y 10m 15d
  FT 12m (concurrent)
  
• Record: extensive record for less serious offences – included assault
• Facts: 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

• Offences: Rob in Co
  Sched: kidnapping
  Obtain benefit by deception
• Plea: PG
  
• Sentence: 
  4y
  NPP 3y
  
• Appeal: 
  AD
  
• Record: Lengthy – breached conditional liberty
• Facts: Forced 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)
• Offences: Rob in Co
  Sched: 2 x Rob in Co
• Plea: PG (15%)
  
• Sentence: 
  5y
  NPP 2y 9m
  
• Appeal: AD
  
• Record: Appalling
• Facts: Four 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

• Offences: Rob in Co
  Sched: Rob in Co
• Plea: PG (15%)
  
• Sentence: 
  7y
  NPP 5y
  
• Appeal: AD
  
• Record: Robbery, stealing – breached parole for similar offence.
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (25% on appeal)
  
• Sentence: 
  5y
  NPP 3y
  
• Appeal: 
  AA
  3y 6m
  NPP 2y
• Record: Minor
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  3y 7m 6d
  NPP 2y 4m 15d
  
• Appeal: 
  AA
  To backdate sentence
• Record: Priors – breached parole
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (20%)
  
• Sentence: 
  3y 2m
  NPP 2y 2m
  
• Appeal: AD
  
• Record: Nil
• Facts: Robbed male on street taking earnings from nightclub to bank
  Drug and alcohol abuse – good prospects of rehabilitation

Halkias [2004] NSWCCA 429

• Offences: Rob in Co
  Malicious damage
  Stealing
• Plea: PG 
  
• Sentence: 
  3y 9m
  NPP 2y 3m
  2y
  NPP 1y 6m
  2y 
  NPP 1y 6m
  Total: 5y NPP 3y 6m
• Appeal: AA
  3y 9m
  NPP 2y 3m
  1y 4m
  NPP 1y 
  1y 4m
  NPP 4m
  Total: 4y 6m NPP 3y
• Record: Breached bail when committing first offence – breached bail for first offence and two bonds when committing second offences
• Facts: 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

• Offences: Rob in Co
  AOABH in Co
  Sched:
  2 x rob offences
• Plea: PG (33.3% plea and remorse)
  
• Sentence: 
  5y 
  NPP 3y
  4y
  NPP 1y 
  Total: 7y 
  NPP 4y
  
• Appeal: AD
• Record: lengthy record including robbery in company offences – breached bonds
• Facts: 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

• Offences: Rob in Co
  Sched: Rob in Co
  
• Plea: PG (20%)
  
• Sentence: 
  4y 
  NPP 2y
• Appeal: AD
• Record: Breached conditional liberty – assault and offensive behaviour
• Facts: Robbed train commuters at railway station

McNamara (28) [2005] NSWCCA 195

• Offences: Rob in Co
  
• Plea: PG (15%)
  
• Sentence: 
  8y 
  NPP 4y 6m
• Appeal: 
  AA
  6y 
  NPP 3y 6m
• Record: Limited record
• Facts: Robbed club during day – co-offender armed with gun

Andrews (2006) 160 A Crim R 505 NSWCCA

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  6y 
  NPP 3y
• Appeal: AD
  
• Record: Considerable
• Facts: With co-offender robbed jogger of mobile phone

Chahine [2006] NSWCCA 99

• Offences: Rob in Co
  Sched: Carried in conveyance
• Plea: VG 
  
• Sentence: 
  10y
  NPP 7y 6m
• Appeal: AD
  
• Record: Significant prior convictions – breached parole
• Facts: Involved in bank robbery with two co-offenders – stolen car

Spurling (24) and Everuss (43) [2006] NSWCCA 245

• Offences: Rob in Co
  Rob in Co
• Plea: VG 
  VG
• Sentence: 
  4y 
  NPP 2y 6m
  3y 
  NPP 18m
• Appeal:
  AD
  AD
• Record:
  Priors included armed robberies – breached bail
  Priors less serious
• Facts: Assaulted and robbed male acquaintance in backyard – stole wallet
  S – borderline intellect
  E - principal

Dyer (19) [2006] NSWCCA 274

• Co-offender: BROWNE
• Offences: Rob in Co
  
• Plea: PG (15%) 
  
• Sentence: 
  3y 6m 
  NPP 2y
  
• Appeal: AD
  
• Record: Extensive – no violence – breached PD
  
• Facts: Robbed train passenger with two co-offenders – lesser offender
  Good prospects of rehabilitation – low intelligence

Doolan (31) [2006] NSWCCA 344

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  4y 6m 
  NPP 2y 6m
  
• Appeal: AD
  
• Record: Minor
  
• Facts: Two females robbed female pedestrian – assault – lesser offender
  Aboriginal – disadvantaged childhood – drug abuse – schizophrenia - remorse

Khare (19) [2006] NSWCCA 388

• Offences: Rob in Co
  
• Plea: PG (15%)
  
• Sentence: 
  2y 10m 
  NPP 16m
  
• Appeal: AD
  
• Record: nil
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  5y
  NPP 3y
  
• Appeal: AD
  
• Record: Steal from person - on bail.
  
• Facts: In company of others menaced victim on train – co-offender threatened with knife – obtained money and mobile phone.

Suttle [2007] NSWCCA 264

• Offences: Rob in Co
  
• Plea: PG (15%)
  
• Sentence: 
  2y 6m
  NPP 1y 3m
  
• Appeal: AD
  
• Record: nil
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  4y 6m
  NPP 3y
  
• Appeal: AD
  
• Record: Breached conditional liberty – significant record including robbery and violence
  
• Facts: No facts

Syed (19) and Mahmood (21) [2008] NSWCCA 37

• Offences: 
  Rob in Co
  Rob in Co
• Plea: 
  VG
  VG
• Sentence: 
  1y 10m
  NPP 1y 3m (suspended)
  1y 8m 
  NPP 1y 3m (suspended)
• Appeal: Crown AD
  
• Record: nil
  
• Facts: 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

• Offences: Rob in Co
  Sched: 11 related offences
• Plea: PG (10%)
  
• Sentence: 
  3y
  NPP 21m
  
• Appeal: nil
  
• Record: nil
  
• Facts: 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

• Offences: 
  Assault w/I to rob in company
  Assault w/I to rob in company
• Plea: 
  VG
  VG
• Sentence: 
  2y
  NPP 15m
  PD
  2y
  NPP 15m
  PD
• Appeal:
  Crown AA
  4y 6m 
  NPP 2y
  4y 6m
  NPP 2y
• Record: 
  Minor
  Minor
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG 
  
• Sentence: 
  4y
  NPP 2y 6m
  
• Appeal: 
  AA
  4y
  NPP 1y 6m
• Record: On bail – record for dang driving, AR, BES.
  
• Facts: 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

• Offences: Rob in Co
  Sched: 3 offences
• Plea: PG 
  
• Sentence: 
  2y 5m
  NPP 1y 2m
  PD
• Appeal: 
  Crown AA
  2y
  NPP 12m
• Record: Breached probation order – disqualified driver
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: bil
  
• Sentence: 
  5y
  NPP 3y
  
• Appeal: 
  AA
  4y 6m
  NPP 2y 8m
• Record: Lengthy - no violence.
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (25% plea and assist)
  
• Sentence: 
  3y 9m
  NPP 2y
  
• Appeal:  AD
• Record: Record including AOABH
  
• Facts: 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

• Offences: 
  Rob in Co
  2 x Enter building with intent
  Larceny
  Sched:
  3 offences
• Plea: PG (25%)
  
• Sentence: 
  2y 9m
  NPP 18m
  17m 
  NPP 9m
  (each)
  FT 9m
  (all concurrent)
• Appeal:
  Crown AA
  3y 6m
  NPP 22m 15d
  (other sentences unchanged)
• Record: nil
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  4y
  NPP 2y 6m
  
• Appeal:  AD
• Record:Lengthy - drugs, property, assault.
  
• Facts: With co-offender robbed victim of wallet.

Frahm (24) [2009] NSWCCA 249

• Offences: Att Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  4y 6m
  NPP 3y
  
• Appeal:
  AA
  3y 3m
  NPP 2y
• Record: Extensive record
  
• Facts: 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

• Offences:
  Rob in Co
  Sched: Additional offences
• Plea: PG (15%)
  
• Sentence: 
  6y
  NPP 4y 6m
  
• Appeal: AD
  
• Record: Breached parole – lengthy record for both property and violence offences
  
• Facts: 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

Dolan (18) [2010] NSWCCA 10

• Offences:
  Rob in Co
  
• Plea: PG (25% on appeal)
  
• Sentence: 
  4y 6m
  NPP 2y 6m
• Appeal: 
  AA
  3y
  NPP 2y
• Record: Prior record in children's court – breached bond
  
• Facts: Three young men robbed cleaner at MacDonald's – intoxicated
  Difficult childhood – evidence of rehabilitation

Kelso (22) [2010] NSWCCA 34

• Offences: Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  4y 
  NPP 2y
• Appeal: 
  AA
  3y
  NPP 18m
• Record: Minor
  
• Facts: With co-offender robbed victim on train of bicycle – victim assaulted.
  Good character – rehabilitation prospects.
  Appeal allowed on parity ground.

Abdisimi Hersi (19) and Abdizarak Hersi (21) [2010] NSWCCA 57

• Offences:
  Rob in Co
  Rob in Co
• Plea:
  VG
  VG
• Sentence: 
  2y 
  NPP 12m
  PD
  2y
  NPP 12m
• Appeal: 
  Crown AA
  4y
  NPP 2y 6m
  5y
  NPP 3y
• Record: 
  Nil
  Larceny; on bond
• Facts: Group of 5 males assaulted and kicked male victim to ground – took wallet containing cash and cards.

Hawke [2010] NSWCCA 172

• Offences:
  Rob in Co
  Sched: AOABH
• Plea: PG (25%)
  
• Sentence: 
  3y 
  NPP 18m
• Appeal: 
  AA
  Only to adjust commencement date
• Record: Minor
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (20%)
  
• Sentence: 
  3y 
  NPP 18m
• Appeal: AD
  
• Record: nil relevant
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  5y 
  NPP 2y 3m
• Appeal:
  AA
  4y 
  NPP 1y 9m
• Record: nil
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: VG
  
• Sentence: 
  8y 
  NPP 5y
• Appeal: AD
  
• Record: On parole for robbery
  
• Facts: Robbed 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

• Offences: Rob in Co
  
• Plea: PG
  
• Sentence: 
  4y 
  NPP 2y
• Appeal: AD
  
• Record: minor, not relevant
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  2y 6m
  1y 3m
• Appeal: AD
  
• Record: possess drug
  
• Facts: 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

• Offences:
  Rob in Co
  Detain in Company
• Plea: nil
  
• Sentence: 
  5y 4m 24d
  NPP 4y 18d
  5y 4m 24d
  NPP 4y 18d
  (concurrent)
• Appeal:
  AA
  4y 9m
  NPP 3y
  4y 9m
  NPP 3y
  (concurrent)
• Record: Minor – breached conditional liberty
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  4y 6m
  NPP 3y 4m 15d
• Appeal: AD
  
• Record: record
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (5%)
  
• Sentence: 
  4y 3m
  NPP 1y 1m
• Appeal: AD
  
• Record: record included assault with intent to rob and violence - on parole.
  
• Facts: 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

• Offences: Rob in Co
  
• Plea: PG (10%)
  
• Sentence: 
  4y 2m
  NPP 2y 1m
• Appeal: AD
  
• Record: Appalling – multiple robbery offences – breached parole for rob in company
  
• Facts: 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

• Offences:
  Rob in Co
  Accessary after fact to murder
• Plea:
  PG (20%)
  PG (20%)
  
• Sentence: 
  4y 
  NPP 2y
  FT 1y (concurrent)
• Appeal: nil
  
• Record: minor
  
• Facts: 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

• Offences:
  Rob in Co
  SMV
• Plea: PG (40% plea and assist)
  
• Sentence: 
  6m GBB
  (5m PSC)
• Appeal: nil
  
• Record: insignificant
  
• Facts: 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) and Mansaray (18) [2018] NSWCCA 64

• Offences:
  Rob in Co
  Rob in Co
  Rob in Co
• Plea:
  PG (25%)
  PG (25%)
  PG (25%)
• Sentence: 
  2y 4m
  NPP 10m
  2y 4m
  NPP 10m
  2y 4m
  NPP 10m
• Appeal: Crown AA
  3y
  NPP 1y 10m
  3y
  NPP 1y 10m
  3y
  NPP 1y 10m
• Record: 
  nil
  nil
  nil
• Facts: 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

• Offences:
  Rob in Co
  Resist police
• Plea: PG (25%)
  
• Sentence: 
  3y 6m
  NPP 2y 6m
  6m (concurrent)
• Appeal: AA
  3y
  NPP 1y 9m
  6m (concurrent)
• Record: Stealing, obstruct police - on bail for assault.
  
• Facts: 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

• Offences:
  Rob in Co
  
• Plea: PG (25%)
  
• Sentence: 
  3y 
  NPP 18m
• Appeal: AD
• Record: breached parole
  
• Facts: 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