| Case | Offence | Plea | Sentence | Appeal | Weapon | Record | Facts |
Diamond
(18)
NSW CCA
18.2.1993 | AR | PG | 3y PD | AD
No parity with juvenile co-offender. | Knives | Nil | Robbed liquor store using knives. Played significantly lesser role than co-offender. |
Maddocks
NSW CCA
25.11.1993 | AR | PG | 500h CSO | Crown AD
Inadequate but in discretion Court will not intervene. | Gun | Minor | Robbed video store with gun.
Good subjective features, including assistance to police. |
Jones
NSW CCA
15.4.1994 | AR
Sched:
AR | PG | Griffith Remand | Crown AD
Exceptional rehabilitation | Pistol | nil relevant | Spontaneous incident. Held pistol at head of owner of general store.
Undertaking drug rehabilitation prior to sentencing. Very positive. |
Randall
(25)
NSW CCA
19.4.1994 | AR | PG | 21m PD
(88d PSC) | Crown AD.
Sentence inadequate but counter-productive to return A to gaol. | Knife | On bond at time of offence.
Reoffended on bail. | Threatened elderly female with knife and forced her to retrieved $40 from inside house. |
Sharpe
NSW CCA
27.9.1994 | AR
Possess unlic firearm | PG | 3y PD
(conc) | Crown AD
Inadequate but Court exercised discretion not to intervene because of rehabilitation. | Revolver | On bail | In company of another robbed a vet supply company for steroids. Used revolver and tied up V. Carefully planned offence. ( Two days later found in possession of unlicensed firearm.)
SJ found that offence result of steroid abuse, and rehabilitation meant A unlikely to re-offend. |
C
(1994) 75 A Crim R 309 | AR
4 x kidnapping
Sched:
7 offences including AR. | PG | GBB 5y
(11m PSC) | Crown AD
s.442(2) Crimes Act discussed. Not unreasonable for SJ to impose non-custodial sentence because of assistance. |  | | Kidnapping occurred during robbery. Assistance to authorities resulted in grave fears for self and family. |
Georges
NSW CCA
30.5.1996 | AR in company | PG (late) | 500h CSO | Crown AD
Although lenient sentence within permissible range | | nil | Principle in the second degree - driver. |
Lattouf
(19)
NSW CCA
12.12.1996 | s.97(2) | PG | 3y PD
(2m PSC) | Crown AD | Gun | minor | Robbed store with two other men. Acted as lookout and removed some equipment. Gun used.
Good subjective features. |
Kerr
(23)
NSW CCA
26.8.97 | s.97(1)
Sched:
6 offences, including robbery | PG | Griffiths Remand
(3m PSC) | Crown AD
Sentence inadequate but in discretion did not intervene. | Knife | 2 driving offences. | Used knife to rob bottle shop.
Undertaking drug rehabilitation. |
Gitt
(37)
NSW CCA
18.5.1998 | s.97(1) | | 500h CSO | Crown AD
Sentence inadequate but in discretion did not intervene. | Knife | number of entries but none for violence | Grabbed handbag of female V in shopping centre. V’s finger cut during struggle.
Financial need; emotionally dependent on wife who suffered from agoraphobia. |
Tocknell
(18)
NSW CCA
28.5.1998 | 3 x Assault w/i to rob while armed | PG | 300h CSO
Griffiths Remand | Crown AA (procedural miscarriage).
CSO confirmed
2y GBB | Knife and tomahawk | Nil | Attempted to rob three businesses for money for food and drugs. Injected self with amphetamines first. Used knife and tomahawk. All three V refused to hand over money. Attempts almost ludicrous.
History of psychiatric problems. |
| Case | Offence | Plea | Sentence | Appeal | Weapon | Record | Facts |
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
Exceptional circumstances - excellent rehabilitation prospects. | 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. |
Griggs
(25)
Full Federal Ct
12.11.1999 | AR
AOABH | PG | GBB 2y
Undertake counselling under Drugs of Dependence Act (ACT) | Crown AD | Syringe | Drug related offences. | Whilst staying in hotel in ACT for detoxification, threatened receptionist with syringe and punched her. Took $50 from her handbag. Drug addict.
(*Not NSW case but may be helpful where A is drug addict. Ref made to NSW re Henry. Comments re drug addiction generally). |
Metcalf
(20)
NSW CCA [277]
7.6.2000 | 2 x s.97(1)
3 x Rob in Co | PG | 3y PD | Crown AD
Exceptional case | baseball bat and knife | | Robbed service stations with co-offenders, armed with kitchen knife and baseball bat.
Schizophrenic; assistance to authorities; excellent rehabilitation. |
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 involvment in theft of handguns from private residence several days earlier.
Minor partners in offences - lengthy delay - offences completely out of character - immediate confessions - significant assistance - exceptional rehabilitation. |
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 - Good prospects of rehabilitation |
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
Exceptional circumstances for both offenders included difficult and violent childhoods, depressive and psychological illness, severe financial problems and evidence of rehabilitation |
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
Intellectual disability – Sentence inadequate but 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 |
Gadsden
NSW CCA [453]
14.12.2005 | s.97(1) | PG | 200h CSO
4w PSC | Crown AD | Baseball bat | Nil | 3 males threatened and robbed young pedestrian – pressured by co-offender
Genuine remorse – 4 weeks PSC – assistance – excellent prospects of rehabilitation – good employment record – exceptional case |
