| Case | Offence | Plea | Sentence | Appeal | Weapon | Record | Facts | Exceptional circumstances |
Govinden
(18)
(1999) 106 A Crim R 314 | Acc after fact to AR
Acc after fact Rob in co
Sched:
Possess short. Firearm | PG | GBB 2y
200h CSO | Crown AD | Gun | nil | Minded gun A knew had been used in AR. Later assisted others rob store by holding open bag for money.
Stable family environment. Remorse towards V. | Rehabilitation prospects
On appeal Court accepted exceptional circumstances as borderline case – also considered question of parity where instigator dealt with in juvenile court. |
Metcalf
(20)
NSW CCA [277]
7.6.2000 | 2 x s.97(1)
3 x Rob in Co | PG | 3y PD | Crown AD | baseball bat and knife |  | Robbed service stations with co-offenders, armed with kitchen knife and baseball bat. | Combination of schizophrenia, assistance against co-offenders, excellent rehabilitation and vulnerability of young, mentally ill person in gaol.
Exceptional circumstances accepted on appeal. |
Blackman
(17)
Walters
(20)
NSW CCA [121]
8.5.2001 | s.97(2)
Access before fact to BES
Access after fact to BES
s.97(2)
BES | PG
PG | 2y suspended
4y GBB
2y suspended
4y GBB | Crown AD
Crown AD | hand guns, baseball bat, softball bat | nil prior or subsequent
nil prior or subsequent | Involved in home invasion of private residence with third offender. Also sentenced for involvement in theft of handguns from private residence several days earlier. | Combination of factors - exceptional rehabilitation - minor partners in offences - lengthy delay - offences completely out of character - immediate confessions - significant assistance.
Exceptional circumstances accepted on appeal |
Israil
(26)
NSW CCA [255]
19.6.2002 | s.97(1)
Att AR
Shed:
AR
Demand money with menaces | PG | 2y suspended (concurrent)
(7m PSC) | Crown AD | blood filled syringe - mock rifle | | Robbed shop using blood filled syringe taking $150 - Attempted to rob same shop again using pole disguised as rifle, failed to obtain any property.
Severe psychiatric condition.- | Prospects of rehabilitation in context of mental illness – already served nearly 7m in custody
Exceptional circumstances accepted on appeal |
Parsons
(19)
Poore
(20)
NSW CCA [296]
26.7.2002 | s.97(1)
s.97(1) | PG
PG | 2y PD
2y PD | Crown AD.
PD revoked prior to hearing of appeal.
AA
NPP 18m
Crown AD | miniature sword | priors for PHBI and BES
nil | Flatmates robbed pizza delivery man and took car - Met with third person to remove stereo system - Equal culpability | Combination of circumstances - Exceptional circumstances for both offenders included difficult and violent childhoods, depressive and psychological illness, severe financial problems and evidence of rehabilitation, youth, admissions to police.
Exceptional circumstances accepted on appeal |
Azzi
NSW CCA [10]
6.2.2003 | s.97(1)
Sched:
AR | PG | 2y suspended | Crown AD | piece of wood | | With co-offender robbed service station – Similar offence committed four days earlier | Parity to co-offender who received suspended sentence and intellectual disability.
Sentence inadequate but on appeal Crown unable to show suitable arrangements can be made for vulnerability at periodic detention |
DV
(22)
NSW CCA [319]
8.9.2005 | AR
Sched:
2 x Assault | PG | 3y
NPP 27m PD | Crown AD | Pistol | Nil | Employee let three co-offenders into club – employees threatened with pistol
Crown appeal when failed to give evidence at second trial of co-offender. | Assistance and promise to give evidence against co-offenders.
CCA declined to intervene due to long delay in trial of co-offender and completion of A’s period of custody and near completion of total sentence. |
Gadsden
NSW CCA [453]
14.12.2005 | s.97(1)
Sched:
s.97(1) | PG | 200h CSO
4w PSC | Crown AD | Baseball bat | Nil | Young offender - 3 males threatened and robbed young pedestrian – pressured by co-offender.
Genuine remorse – 4 weeks PSC – assistance. | Did not initiate offence, genuine remorse and assistance
On appeal Court added the following matters:
small amount of property stolen
no immediate threat from weapon
no physical injury
pre-sentence custody
good employment record
no priors |
Brown
NSW CCA [6]
12.3.2009 | AR
Sched: Robbery | PG | s.11 CSPA (Griffiths Remand) | Crown AD | Knife | | Robbed victim of mobile phone on city street – threatened victim with knife. | Out of character – difficult personal circumstances at time of offence clouded judgement. Adjournment granted to obtain further evidence as to mental state and prospects of rehabilitation
On appeal no error found in granting adjournment – Judge warned custodial sentence may still be applied. |
Assad
(20)
NSW CCA [182]
14.7.2009 | Rob in co
Armed Rob
Agg taking MV
Sched:
Assault with intent rob | PG | 3y
NPP 1y 9m
PD | Crown AD | Knife | SJ found A had “not developed settled criminal habits.” | Rob in co: With co offenders robbed jewellery store – tied up female store assistant – threats to kill.
Armed rob: With co offender robber taxi driver.
Drug addiction. | Combination of factors: youth, drug addiction acquired while suffering PTSD and psychotic symptoms, evidence of rehabilitation.
CCA found circumstances not so exceptional as to justify non-custodial sentence - declined to intervene due to delay and exceptional rehabilitation |
JW
(15)
NSW CCA [49]
22.3.2010 | s.98
Attempt s.98 | PG | 2y suspended
80h CSO | Crown AA
Total:
2y 7m (suspended) | Knife | Nil | Group of three youths assaulted and robbed male outside train station – threatened with knife – money stolen – fingers cut in defensive action – shortly later pursued two men down street to house – one male cut finger in struggle – nothing stolen – lesser participant
Intellectual disabilities – trouble free in 18m since arrest – good prospects of rehabilitation – remorse – difficult childhood with domestic violence and sexual abuse | |
