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Robbery - Aggravated - With Wounding: s.96

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


    s.96: Commits offence under s95 and wounds or inflicts GBH - 25y


    CaseOffencePleaSentenceAppealRecordFacts
    Binge
    (35)
    NSW CCA
    6.4.1995
    s.96VGMT 6y
    AT 4y
    Conviction and sentence AD
    (parity)
    V confronted by three men in his house. Punched and hit with stick. Tied up. Lost consciousness.
    Instigator and inflicted the wounds.
    MRB
    (17)
    NSWCCA
    27.4.1998
    s.96

    Sched:
    Mal wounding
    Assault
    PGMT 3y
    AT 3y
    ADdrug, property and personal offences in Children’s CourtRemoved V’s wallet while being fellated by him in public toilet. Stabbed V three times in chest. Problems with controlling anger.
    B
    (17)
    NSW CCA
    18.90.1998
    s.96PGMT 27m
    AT 2y
    (PSC 1m)
    AA
    MT 2y
    AT 2y
    nilArranged with co-accused to rob 64y former landlady. Entered house through ruse, secured V and obtained several hundred dollars. Placed cardigan over V’s head and hit her with iron pipe. Principal actor.
    Favourable references. Received one third discount for assistance.
    George


    Johnson

    NSW CCA [243]
    30.6.1999
    s.96


    s.96
    VG


    VG
    MT 5y 6m
    AT 3y 6m

    MT 5y 9m
    AT 3y 3m
    ADagg BES


    several
    Met V in bar and became friendly - Later in evening robbed and assaulted V - Used broken beer bottles to cut V - Severe injuries - Gratuitous brutal violence.
    Pham
    (25)
    NSW CCA [225]
    2.8.1999
    s.96 (in company)

    Sched:
    3 x GIC
    Receiving
    PGMT 3y
    AT 2y 6m
    ADunknownRobbed shop assistant with co-offender - Armed with knife while co-offender armed with loaded pistol - Struck V with handle of knife
    Drug problem
    Haines
    (26)
    NSW CCA [256]
    4.7.2001
    s.96PG4y
    NPP 3y
    ADpriors; previous custody.Female - With co-offender robbed taxi driver of $50. Held knife to V’s throat causing laceration. Co-offender wounded V in back. Aboriginal.
    Teoka
    (22)


    Lloyd
    (18)


    ADM
    (17)

    NSW CCA [373]
    1.11.2004
    s.96



    s.96



    s.96
    PG



    PG



    PG
    10y
    NPP 6y


    10y 9m
    NPP 6y 9m


    11y
    NPP 7y
    AA
    (to backdate sentence)

    AA
    10y
    NPP 6y

    AA
    10y
    NPP 6y
    Convictions for assault – breached bail

    Convictions for rob in company – breached bail

    Conviction for robbery – no previous imprisonment
    Punched and kicked male victim until unconscious – Serious injuries - ADM took wallet – T instigated assault – ADM instigated robbery
    T – remorse – upset at time of offence over breakdown in relationship with de facto – good prospects of rehabilitation
    L – remorse – disturbed childhood
    ADM – No remorse – more culpable than others
    Nasher
    (18)
    NSW CCA [238]
    28.6.2005
    s 96PG6y
    NPP 3y
    (52d PSC taken into account)
    AA
    4y
    NPP 2y
    Minor record as juvenile; offences in breach of bailAttacked acquaintance from school – thought friends were going to rob V – fractured V’s jaw and took $100 – jealous of V’s comfortable financial situation
    18% for PG – not all PSC taken into account - eldest of 8 children in dysfunctional family – NESB – sexually abused as a child – good employment record – good prospects of rehabilitation
    Maisey
    NSWCCA [347]
    11.10.2005
    s 96PG9y
    NPP 5y 9m
    ADNot stated but breached paroleV physically abused A’s sister – A went to V’s flat with a friend to get some shoes he had given his sister – punched V when he opened the door – took V’s wallet – V jumped off balcony and sustained serious injuries with chronic back pain
    Remorse – family loyalty
    Collins
    (19)
    NSWCCA [162]
    22.5.2006
    s.96VG8y
    NPP 5y
    AA sentence backdated only. Term of sentence remains 8y NPP 5y.On bond. Dishonesty, assault, AOABH, larceny.Female - Slashed V’s handbag strap with knife taking $500 – In tandem with V’s estranged husband – Knew V was vulnerable with spinal injury and using crutch.
    Background of heroin and prostitution; paranoid personality disorder.



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