Public Defenders
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Robbery: s.94

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


    14 years maximum


    CaseOffencesPleaSentenceAppealRecordFacts
    Forrest
    (25)

    Legge
    (female)
    (33)

    NSW CCA
    26.3.1997
    s.94 Assault w/i rob


    Robbery

    Sched:
    Assault w/i rob
    PG


    PG
    MT 2y
    AT 2y 3m

    MT 3y
    AT 18m
    AD


    AD
    property offences


    property, violence and drug offences
    F drove victim in car to bushland - L demanded money from victim with knife - Victim assaulted
    Green
    (29)
    NSW CCA
    29.9.1997
    s.94 RobberyPGMT 3y
    AT 3y
    AA
    MT 2y
    AT 2y
    assault, property, firearm and driving offencesRobbed bank dressed in beanie, sunglasses and gloves.
    Significant ,mental illness subsequent to sentence.
    Morgan
    (28)
    NSW CCA
    24.6.1998
    s.94 Robbery

    Sched:
    2 offences
    PGMT 2y 6m
    AT 2y 6m
    ADproperty and other offencesDragged woman from car in car park and stole handbag - Threatened victim - Waited while victim called for help then left with handbag - Intoxicated
    Perrett
    NSW CCA [115]
    15.4.1999
    s.94 RobberyPG3y GBBCrown ADnilRobbed pizza delivery man with co-offender - Stood to one side holding cricket bat
    Remorse - Repaid all money - Exceptional circumstances
    McKendrick
    NSW CCA [87]
    16.4.1999
    s.94 Accessory Before the Fact to RobberyVGMT 2y
    AT 8m
    AA
    MT 1y 6m
    AT 6m
    nil significantManager of petrol station - Provided information to co-offenders - Co-offenders robbed employee on way to bank
    Parity - Long delay
    Fraser
    (23)
    NSW CCA [212]
    19.7.1999
    s.94 Robbery

    Sched:
    Possess cannabis
    PGMT 12m
    AT 18m
    AA
    MT 9m
    AT 21m
    motor vehicle offencesRobbed pharmacy with co-offender - waited until no customers in shop
    Remorse - Unhappy and violent childhood - Left home early - Evidence of rehabilitation - Special circumstances
    Otto
    (22)
    NSW CCA [190]
    19.7.1999
    1. s.94 Robbery
    2. SMV
    3. Breach recog

    Sched:
    7 x Stealing
    Dangerous driving
    Drive disqualified
    PG1. MT 4y
    AT 2y
    2. FT 12m
    3. FT 6m
    (All concurrent)
    ADlengthy record - driving, dishonesty and drug offencesStole and drive in car with co-offenders - Car driven up to pedestrian and co-offender reached out and grabbed bag - Victim fell to ground
    Remorse - Drug addiction
    Reynolds
    NSW CCA [238]
    16.8.1999
    2 x s.94 RobberyPGMT 2y
    AT 2y
    ADstealing, assault, drug offences, BES - breached recognisance and periodic detention orderRobbed shops on two occasions, struggling with shopkeepers - first victim injured on back and arm - second victim punched in face
    Drug addiction
    Morris
    (22)
    NSW CCA [252]
    18.8.1999
    s.94 Robbery

    Sched:
    BES
    PGMT 2y 3m
    AT 1y 9m
    ADLengthy record including AR - breached bailThreatened victim in telephone booth and snatched wallet.
    Drug addiction - Special circumstances
    Toritto
    (39)
    NSW CCA [288]
    15.9.1999
    s.94 Robbery
    s.94 Assault w/i Rob

    Sched:
    4 x offences
    PGTotal:
    MT 3y
    AT 1y
    ADprior convictions - breached parole and bailGrabbed gold chain from neck of victim from behind - Attempted to snatch bag from second victim - Struggled with victim but unsuccessful - Both victims female
    Drug addiction
    Wheeler
    (20)
    NSW CCA [34]
    16.2.2000
    4 x s.94 Robbery
    s.94 Attempt Rob
    2 x s.97(1) (Rob in Company)

    Sched:
    2 x Assault
    4 x Theft MV
    PG2 x s.94:
    MT 9y
    AT 3y
    Other offences:
    FT 4y
    (concurrent)
    AA
    2 x s.94:
    FT 4y
    s.97(1)
    MT 6y
    AT 2y
    Other offences:
    FT 4y
    (concurrent)

    Total:
    MT 6y
    AT 2y
    breached recognisance and parole- AROffences committed over 5 month period - Robberies of banks and other financial institutions - On one occasion took customer hostage and threatened to shoot - Threatened to shoot tellers - On two occasions in company with co-offenders
    Sweetman
    (36)
    NSW CCA [228]
    31.5.2000
    s.94 RobberyPGMT 12m
    AT 18m
    ADprior convictionsWent behind counter in store with hand under shirt - Took money and left
    Intoxicated - Remorse - Spontaneous
    Leonard
    (33)
    NSW CCA [318]
    23.10.2000
    s.94 RobberyVGMT 3y
    AT 12m
    AA
    4y
    NPP 2y
    prior convictionsStruggled with 86y female and stole groceries and purse - Most serious case
    Aboriginal with alcohol problems - Psychiatric difficulties - Assault in gaol
    Special circumstances.
    Lennox
    (39)
    NSW CCA [449]
    27.10.2000
    s.94 Attempt Rob

    Sched:
    Possess HB imp
    PGMT 4y
    AT 12m
    ADappalling criminal record - breached parole - released from custody 4 days earlierAttempted to steal purse from female who had just withdrawn money from ATM - In struggled victim fell to ground
    Drug addiction
    Burke
    (35)
    NSW CCA [450]
    3.11.2000
    s.94 RobberyVG3y 6m
    NPP 18m
    Crown ADlengthy record including violence - on parole for murderRobbed bank of $3,000 - Dressed in sunglasses, cap and stocking over head
    Anti-social and schizoid elements in personality
    Binnie
    (38)
    NSW CCA [483]
    22.11.2000
    s.94 RobberyPGMT 6y 9m
    AT 2y 3m
    AA
    7y
    NPP 4y
    lengthy record - breached paroleRobbed post office of $1,000
    West
    (32)
    NSW CCA [26]
    14.2.2001
    1. s.94 Robbery
    2. Mal inflict GBH
    PG1. MT 4y 6m
    AT 3y
    2. FT 4y
    (concurrent)
    ADlengthy recordWith co-offender punched victim to head - Kicked fallen victim to head and body - Stole beer and keys - Victim suffered fracture to skull
    Aboriginal with dysfunctional childhood - Some prospects of rehabilitation
    Symiziris
    (31)
    NSW CCA [38]
    16.2.2001
    s.94 Robbery

    Sched:
    Receiving
    PGFT 2yAA
    2y
    NPP 16m
    drug, driving and property offencesRobbed video store of $600
    Evidence of rehabilitation - Disabilities caused from car accident
    Ward
    (34)
    NSW CCA [141]
    6.4.2001
    s.94 RobberyPG3y 6m
    NPP 2y
    ADproperty, violence and driving offencesAttempted to snatch bag from 74y female - Threatened to kick - Victim fell to ground in struggle
    Drug addiction - Some evidence of rehabilitation
    Warman
    (32)
    NSW CCA [147]
    18.4.2001
    s.94 Robbery

    Sched:
    Multiple offences
    PG7y
    NPP 4y
    ADlengthy record - breached paroleFollowed owner of service station home after he closed up - Grabbed victim by shirt then stole briefcase with days takings.
    Remorse - Personality disorder - Evidence of attempted rehabilitation - Drug addiction
    Jarman
    (30)
    NSW CCA [178]
    11.5.2001
    s.94 Robbery

    Sched:
    BES
    PGMT 3y 6m
    AT 2y 6m
    AA
    6y
    NPP 2y 9m
    lengthy record - breached bail and parole for robberyRobbed bank of $1,670 - Told teller he had a gun
    Co-operated with police - Genuine attempt to overcome addiction
    Mannering
    (39)
    NSW CCA [275]
    9.7.2001
    s.94 RobberyPG5y
    NPP 3y
    AA
    3y 6m
    NPP 2y 3m
    lengthy record although no imprisonmentAsked 69y female shop keeper for cigarettes then sprayed victim with capsicum spray - Stole money
    Heroin addiction - Remorse - Attempts at rehabilitation - Coping with death of mother
    Rudenko
    (24)
    NSW CCA [519]
    12.12.2001
    s.94 Robbery

    Sched:
    2 x drug offences
    PG3y 5m
    NPP 2y 6m
    ADdishonesty offences - breached bondRobbed TAB employee of $7,926 in briefcase attached to her arm - Showed victim federal police badge, pushed her away and used pliers to cut chain
    Drug addiction
    Andrews
    (35)
    NSW CCA [18]
    1.2.2002
    1) 2 x s.94 Principal in 2nd degree
    2) 4 x s.94 Access After the Fact Rob
    PG1. 4y 6m
    NPP 2y
    2. FT 12m
    (All concurrent)
    AA
    1. 3y 6m
    NPP 18m
    property, violence and driving offencesFemale - Driver of vehicle used by de facto and another to commit robberies on retail outlets - Accompanied by children on several occasions
    Influenced by co-offender - Good prospects of rehabilitation
    Hoadley
    (28)
    NSW CCA [39]
    15.2.2002
    s.94 RobberyPG2y
    NPP 18m
    ADlengthy recordFollowed victim after ATM transaction - Knocked victim to ground and took mobile phone
    Some prospects of rehabilitation
    Eldridge
    (26)
    NSW CCA [205]
    3.6.2002
    1. s.94 Robbery
    2. AOABH
    VG1. 6y
    NPP 4y 6m
    2. FT 9m
    (concurrent)
    ADlengthy recordFollowed 7m pregnant female from bank and snatched bag - Stole $5,080 - Punched man accompanying victim
    Christian
    (43)
    NSW CCA [264]
    19.6.2002
    1. s.94 Robbery
    2. s.94 Robbery

    Sched:
    s.94
    Demand money w/i to steal
    PGEach:
    3y 2m
    NPP 2y
    Crown AA
    1. 4y
    NPP 2y
    very lengthy record - breached paroleRobbed TAB agency pretending to be armed with gun - 3 days later robbed video store in same circumstances - Schedule offences involved TAB agencies
    Aboriginal with drug addiction - Depressive illness responding to treatment
    Ingram
    (21)
    NSW CCA [398]
    27.9.2002
    s.94 Robbery

    Sched:
    3 x Obtain money by deception
    BES
    PG3y 6m
    NPP 18m
    AA
    3y
    NPP 15m
    (fresh evidence as to protective custody)
    driving, minor drug and shoplifting offences - serving bond and imprisonmentSnatched bag from 75y lady on street - Violently shook bag and caused victim to fall - Spontaneous
    Genuine remorse - Drug addiction - Evidence of rehabilitation - Borderline personality disorder - Need for extensive counselling - Fresh evidence as to protective custody status
    Logan
    (21)
    NSW CCA [185]
    24.6.2003
    1. s.94 Robbery
    2. s.94 Steal from Person
    3. Mal Damage
    PG1. 5y 6m
    NPP 2y 6m
    2. FT 2y 3m
    3. FT 12m

    Total:
    6y
    NPP 3y
    ADPrior convictions in NSW and Qld – no gaol – second offence committed on bailRobbed pedestrian – made threat to stab – Grabbed handbag containing mobile phone and cash from female in car – destroyed mobile phone on apprehension by police.
    Aboriginal – Alcohol abuse – Unfortunate background
    Marinos
    NSW CCA [136]
    30.4.2003
    s.94 RobberyPG2y 3m
    NPP 15m
    AA
    2y 3m
    NPP 9m
    Minor recordSnatched bag from 56y woman on street.
    Drug addiction – Some steps towards rehabilitation
    Eid
    (26)
    NSW CCA [211]
    14.8.2003
    s.94 RobberyPG4y
    NPP 3y
    AA
    4y
    NPP 2y 8m
    Significant record including armed robbery – on paroleApproached stationary vehicle at lights and forced victim from car – Stole car – Drug debt
    Prospects of rehabilitation from long-term drug addiction
    Penalosa-Munoz
    (24)
    NSW CCA [33]
    26.2.2004
    s.94 RobberyPG18m
    NPP 1m
    Crown ADNilRobbed complainant at ATM – threat to kill if went to police
    Colombian with turbulent and violent background – Voluntary confession – Genuine contrition – Prior good character – Excellent prospects of rehabilitation – HIV - delay
    Gibbs
    (18)
    NSW CCA [399]
    30.9.2004
    s.94 RobberyPG3y
    NPP 16m
    ADBreached control order for agg robberyGrabbed bag from victim standing at railway – impulsive – low level of violence
    Seriously dysfunctional childhood including violence and disadvantage – Borderline intelligence – Drug and alcohol abuse - Aboriginal
    Muscat
    NSW CCA [259]
    14.7.2006
    s.94PG18m
    NPP 9m
    PD
    Crown ADNot significantInvolved in robbery of shop employee taking money to bank – provided inside information to co-offender – lesser offender
    Good character – good prospects of rehabilitation
    Daniels
    NSW CCA [154]
    12.12.2007
    s.94PG4y
    NPP 2y
    ADLengthyEntered university cafeteria, threatened manager and took $2480.
    Kokaua
    (21)
    NSW CCA [111]
    26.5.2008
    s.94PG3y 6m
    NPP 1y 9m
    ADyesAssaulted victim in park – Put hand in victim’s pocket – Allegedly also took victim’s dog.
    Mental health issues - schizophrenia type symptoms- Need for close supervision – Special circumstances.
    Pace
    (27)
    NSW CCA [233]
    30.10.2008
    2 x s.94
    Att s.94
    PG3y 1m
    NPP 13m
    Crown ADRecord – Breached bail and paroleRobbed convenience store using death threats – One month later attempted to rob convenience store with stocking over head – robbed fast food shop - attempted to rob third store but detained by security guards
    Admissions to police - Schizophrenic





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