CASE | OFFENCE | PLEA | SENTENCE | APPEAL | WEAPON | RECORD | INVOLVEMENT & SUMMARY |
Hamlin
(23)
NSW CCA
5.5.1997 | s.98 (AR/W)
s.97 (AR) | VG | MT 8y 8m
AT 3y | AA
MT 8y 4m
AT 3y 4m | sawn-off shotgun | includes AR | With co-offenders robbed husband and wife in own home – Threats to female victim while armed (AR) - Male victim severely beaten by co-offender (AR/W) - Armed with gun - Baby in house
No good prospects of rehabilitation - Committed further offences while on bail |
FQ
(14)
NSW CCA
17.6.1998 | s.98 (AR/W) | PG | Griffiths remand | Crown AA
MT 18m
AT 12m
(detention centre) | knife | property offences - on bond | Robbed service station with co-offender armed with knife - operator pushed, hit about the head and dragged to storage area - received head wound
Refugees from Afghan civil war |
Baker
(33)
NSW CCA [277]
9.9.1999 | s.98 (AR/W) | VG | MT 2y 3m
AT 9m | AD | knife | lengthy record | Approached male acquaintance on railway station with co-offender - stabbed victim in buttock - stole methadone |
Pham
(21)
NSW CCA [362]
29.10.1999 | s.98 (Rob in Co/W)
s.97 (Rob in Co) | PG | MT 4y 6m
AT 18m | AA
MT 3y 9m
AT 2y 3m |  | assault, SMV | Group of offenders set up meeting with V - Ambushed V in car and took him to park - Assaulted and robbed (s98) - Took V to mother-in-law’s house - Tied up and robbed occupant (s97) |
Campbell
(27)
NSW CCA [157]
3.5.2000 | s.98 (AR/W) | PG | MT 4y 6m
AT 2y | Crown AA
MT 5y 6m
AT 2y | loaded shot gun | lengthy record - most juvenile - violence | Female co-offender approached V at home asking to use phone due to car breaking down – Offender at door threatened V with shot gun and tied him up - Fired at second V through closed door striking him with pellets.
Application of guideline judgment R v Henry |
London
(26)
NSW CCA [165]
5.5.2000 | 2 x s98
(Att AR/W; AR/W)
Sched:
22 offences including AR x 5 | PG | MT 12y
AT 4y | AD | loaded gun | lengthy | Robbed second hand dealer’s shop and shot owner in leg - Robbed hotel and shot manager in arm. |
Stuart
(30)
NSW CCA [145]
4.4.2001 | s.98 (Rob in Co/ GBH) | PG | MT 3y 6m
AT 2y 6m | AD | shotgun | lengthy | Driver of getaway car - Robbery of Chinese restaurant – V’s cheek fractured by butt of shotgun - Induced by father to be involved |
Smith
(20)
NSW CCA [152]
20.4.2001 | s.98 (AR/W) | PG | 3y
NPP 18m | Crown AD | knife | nil | Robbed prostitute in presence of co-offender in car - intended to scare her with use of knife – V panicked and struggle was cut - left in remote area
Remorse - volunteered guilt - young wife and child - impeccable character - youth - excellent prospects of rehabilitation |
Donnelly
(26)
NSW CCA [394]
5.10.2001 | s.98 (AR/W) | VG | MT 5y 6m
AT 2y 6m | AD | baseball bat | priors | Robbed victim using baseball bat – V assaulted to head
Aboriginal |
Wate
(19)
NSW CCA [474]
19.11.2001 | s.98 (Rob in Co/W)
Sched:
8 x offences | PG | 8y
NPP 4y | AA
Only to backdate sentence to take into account PSC. | knife | priors | Robbed taxi driver with 2 co-offenders - Co-offender threatened to kill driver and stabbed him several times - A had arm around V’s neck |
Noonan
NSW CCA [150]
1.5.2002 | s.98 (AR/W) | VG | 8y 6m
NPP 5y 6m | Conviction AD | replica sawn-off shotgun and hammer | | Broke into house with de facto wife and demanded money - During struggle V shot in head |
JJM
NSW CCA [71]
17.3.2004 | s.98 (AR/W) | PG | 5y
NPP 3y | AA
4y
NPP 2y | Knife, toy gun | Traffic, no previous custody | Waited at door while c-ooffender threatened female shop attendant with knife and demanded money – V received lacerations to hand – Offenders took $294 – Went to hospital and confessed to offence short time later.
Schizophrenia – Early surrender – Need for long term rehabilitation. |
Fidow
NSW CCA [172]
19.5.2004 | s.98 (Rob in Co/ GBH)
Sched:
7 dishonesty offences | Late PG | 11y
NPP 8y | AD | | | Involved in carefully planned robbery of service station owner – V’s car deliberately rammed while transporting takings to bank – V violently assaulted resulting in severe and permanent brain damage.
Top of range criminality – Not primary offender. |
P
(17)
NSW CCA [218]
30.6.2004 | s.98 (AR/W)
AR
Sched
3 related rob off | PG | 11y
NPP 6y | AA
7y 3m
NPP 4y | Meat cleaver | Record for robbery in company | In company with co-offenders robbed strangers on street – V1 slashed with meat cleaver causing laceration to chin and wrist – V2 knocked unconscious by co-offender
Exceptionally high level of alcohol dependence – Prospects of rehabilitation |
Amohanga
(27)
Rai
(19/20)
NSW CCA [249]
22.7.2005 | s.98 (AR/GBH)
Sched:
s.98
s.98 (AR/W)
s.94 | PG | 10y
NPP 6y
AR/W
10y
NPP 6y
Total:
11y
NPP 7y | Crown AA
12y
NPP 8y 6m
AR/W
11y
NPP 8y
Total:
13y
NPP 10y | Iron bar
Tyre lever | Significant
(breach of bail)
Significant | V engaged 2 prostitutes, one of whom was A’s girlfriend – agreement that they would steal V’s wallet – bashed V, crushing his skull and leaving him in a coma and permanently disabled – worst offence
A: dysfunctional upbringing – average intelligence – heroin – some rehabilitation
R: poor literacy and low intellect – drug use – psychosis – some rehabilitation |
Mason
(18)
NSW CCA [403]
17.10.2005 | s.98 (AR/W)
Sched:
s.97
s.98 | PG | 8y 6m
NPP 6y | AD | Knife | | Robbed taxi driver and locked him in boot – Robbed male bystander investigating noise from taxi – wounded complainant on face with knife – Robbed 17y male and assaulted him with beer bottle – All offences committed in company
Aboriginal with traumatic childhood - intoxicated |
Misiepo
(22)
NSW CCA [405]
24.11.2005 | s.98 (AR/W)
Sched:
Possess cannabis
Receiving | PG | 4y 9m
NPP 3y | Crown AD
(errors established but exercise of discretion) | Gun | Extensive | Three men robbed male acquaintance at pre-arranged meeting – Victim shot in arm / chest – leader of group
Disturbed and traumatic childhood – 2 young children |
Truong
(21)
NSW CCA [71]
30.3.2006 | 2 x s98 (AR/W; AR/GBH)
3x s97 | PG | Total
8y 9m
NPP 5y 9m | AA
Total
7y 9m
NPP 5y 3m | Knife,
Metal pole | Minor. On bond at time of offences. | With co-offender committed robberies upon taxi drivers – cut victim with knife during struggle – hit victim with metal pole.
Heroin addiction – supportive family.
Assistance to police – protective custody. |
Sternbeck
(37)
NSW CCA [132]
18.5.2006 | s.98
s.97(1)
Sched:
2 x s.95
s.97(1) | PG | Total
11y
NPP 7y 6m | AD | Knife
Double barrelled shotgun
Gun | Priors – not as serious | Robbed retail shops - female shop assistants threatened and tied up – one victim seriously injured by assault- under influence of crystal methylamphetamine |
McArthur
(27)
NSW CCA [200]
23.6.2006 | s.98 | PG | 12y
NPP 9y | AD | Metal bar | Breached parole | Struck male stranger at station with metal bar – catastrophic injuries – stole phone |
Henry
(35)
NSW CCA [90]
2.4.2007 | s.98
Assault
Custody of offensive implement | PG | 4y
NPP 3y
(concurrent offences) | Crown AA
6y 8m
NPP 4y 6m | Knife | Breached parole for AR – other offences on record | Robbed jewellery shop – stabbed owner in cheek – mid range offence
History of mental illness – under influence of ice and amphetamines |
DB
(16)
DNN
(27)
NSW CCA [27]
7.2.2007 | 3 x s.98
Sched: 11 offences
4 x s.98
Sched: 19 offences | PG
PG | 12y 7m
NPP 8y
16y
NPP 10y | AA
10y NPP 6y
12y
NPP 8y | Pistol / knife | Agg assault w/i/rob
Receiving, GIC. | With co offenders robbed computer stores armed with pistol / knife – Owners and / or employees tied up, threatened and struck. |
Can
(40)
NSW CCA [176]
27.6.2007 | Rob in Co with Wounding | VG | 8y 6m
NPP 5y 6m | AD | Iron bar / handgun | AR | With co-offender robbed diamond valuer – million dollars worth of diamonds stolen – complainant tied up, assaulted and threatened – principal offender |
Krishna v DPP
NSW CCA [318]
23.11.2007 | AR with wounding | VG | 9y 4m
NPP 7y | AD | Meat cleaver | | Offence committed after 1.2.2003
In company robbed male in hotel room – complainant lured to room by female – planned offence – struck on head with meat cleaver by offender |
PB
(17)
NSW CCA [109]
26.5.08 | AR with wounding | PG | 4y
NPP 22m | Crown AA
6y 6m
NPP 3y 3m | Knife | On bond. | Offence committed after 1.2.2003
Victim was sitting in vehicle – Offender and friends passing by – Victim told group not to bump vehicle – Argument ensued – Offender stabbed victim with knife that victim had in his trouser leg for work purposes. |
PMW
(16)
NSW CCA [34]
11.2.2009 | AR with wounding | PG | 7y
NPP 3y 6m | AA
5y 6m
NPP 2y 9m | Knife | Priors | Offence committed after 1.2.2003
Robbed pizza delivery man with co-offender – struck V with metal pole – co-offender stabbed V in leg – stole mobile phone from car – upper level of seriousness
Aboriginal – full admissions – mental health problems - parity |
TJ
(13)
NSW CCA [99]
8.4.2009 | s.98 | PG | 21m
NPP 6m | AD | Assault | Minor | Offence committed after 1.2.2003
Female – three offenders robbed 19y female at train station – punched, dragged and kicked V to head – broken jaw – impulsive offence
Intoxicated – difficult childhood after death of mother – evidence of rehabilitation |
SS
(15)
JC
(17)
NSW CCA [114]
23.4.2009 | 2 x s.97(2) Rob in Co
s.97(1) AR
2 x s.98(1)
Sched:
6 offences (including 3 Rob in Co offences)
2 x s.98(1)
Sched:
4 rob offences | PG
PG | s.97(1)
FT 3y
s.98(1)
6y NPP 4y
Total:
7y
NPP 5y
4y 3m
NPP 2y 3m | AA
s.98(1)
6y
NPP 3y 8m
Total:
7y
NPP 4y 8m
AD | Crowbar and baseball bat | Breached bond
nil | Offence committed after 1.2.2003
Both offenders involved in gang – became involved in robberies after threats – robbery of service stations and liquor stores in company with others – shop assistants assaulted
s.98(1) offences – both offenders robbed service stations armed with crowbar and baseball bat – two shop assistants assaulted with weapons and seriously injured
SS – disrupted childhood – poor schooling record – early alcohol and drug abuse – good progress towards rehabilitation
JC – assistance to authorities – physically abused as a child – early drug and alcohol abuse – remorse – good prospects of rehabilitation |
