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

CASE	OFFENCE	PLEA	SENTENCE	APPEAL	WEAPON	RECORD	FACTS
Diamond (18) NSW CCA 18.2.1993	s.97(1)	PG	3y PD	AD No parity with juvenile co-offender.	Knives	Nil	Robbed liquor store with co-offender. Played significantly lesser role than co-offender.
Ellis (26) (1993) 68 A Crim R 449	s.97(1)	PG	MT 6y 6m AT 2y 2m	AD “near top of range”	Sawn-off shotgun	AR offences - on parole for AR	Robbed Credit Union wearing balaclava with female accomplice. Gun loaded but no bullet in breach. Evidence of good rehabilitation during remand.
Maddocks NSW CCA 25.11.1993	s.97(1)	PG	500h CSO	Crown AD Inadequate but in discretion Court will not intervene.	Gun	Minor	Robbed video store. Good subjective features, including assistance to police.
Wakefield NSW CCA 17.12.1993	s.97(1)	PG	MT 9y AT 3y	AD	Sawn-off shotgun	bad, including AR - on parole for similar offences	Robbed Post Office with loaded sawn-off shot gun. Pointed gun at customers, inches from chest, with finger on trigger. Drug and alcohol problems.
Walker NSW CCA 21.2.1994	s.97(1) Sched: several BES PHBI	PG	MT 5y AT 2y	AA MT 4y AT 2y	Wheel brace	long - PD and three bonds at time of offence	Robbed tobacco truck with co-offender. V struck and threatened with death. Played lesser role than co-offender.
Jones NSW CCA 15.4.1994	s.97(1) Sched: AR		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	s.97(1)	PG	21m PD (+ 88d PSC)	Crown AD. Sentence inadequate but counter-productive to return A to gaol	Knife	On bond at time of offence – re-offended on bail	Threatened elderly female with knife and forced her to retrieved $40 from inside house.
Roberts (20) Lewis (21) McVean (18) (1994) 73 A Crim R 306	s.97(1) s.97(1) Access before the fact to AR Sched Possess SMV Plates calculated to deceive	PG PG PG	3y PD 3y PD 3y PD	Crown AA MT 1y AT 2y MT 1y AT 2y MT 1y AT 2y	Machete & iron bar	on bond nil minor	R and L concealed selves in store with assistance of M who was employee. After closing held up female employee with machete and iron bar. Threatened to cut throat of female. Three V bound and pillowslips placed over heads. M kept lookout for police in stolen car. R: genuine remorse, victim of social circumstance. L: contrition, cadet in army, out of character M: drug and alcohol addiction.
Siafakas NSW CCA 25.7.1994	s.97(1)		MT 2y AT 2y	AA MT 15m AT 9m	Replica pistol	on bond	Held up clerk taking business takings to bank with co-offender. Organiser of offence. Parity.
Napier (28) NSW CCA 25.11.1994	s.97(1) Sched: AR Poss shortened firearm	PG	MT 4y AT 2y	AD	Shortened firearm	priors - Form 2 offences committed on bail for AR	Robbed Credit Union Substantial efforts to rehabilitate in custody.
White NSW CCA 20.4.1995	s.97(1)	PG	MT 1y 6m AT 1y 3m	AD	Sawn-off shotgun	nil	Robbed service station while drunk and disguised. Unemployed, under financial stress and wife pregnant. Gave self up to police.
Davies NSW CCA 29.11.1995	s.97(1)	PG	MT 3y 3m AT 2y	AA MT 2y AT 1y 6m	Knife	priors	Robbed service station and attacked attendant with knife. Alcohol problem. Assistance to authorities.
Dunn (41) NSW CCA 11.12.1995	s.97(1)	PG	MT 2y AT 3y	AD	Replica pistol		Robbed bank taking $5650. Suffering Hep B and C; contrition; unlikely to re-offend; lack of pre-meditation.
Khoury NSW CCA 8.3.1996	s.97(1) Sched: 2 x poss unlic firearm Ride in stolen car Assault		MT 2y 6m AT 2y	AD	Loaded pistol	lengthy, including AR - 10 year gap since previous offence	Robbed hardware store. Pointed pistol at two employees. Gun discharged during robbery. Successfully completed drug rehab program on Griffith’s Remand.
Clarke NSW CCA 8.3.1996	s.97(1)		MT 3y 6m AT 1y 6m	AA MT 2y 6m AT 1y 6m	Knife	previous gaol	Robed heavily pregnant restaurant owner with knife. When arrested for another matter volunteered guilt in this offence ; youth; aboriginal.
Zaoud NSW CCA 24.7.1996	s.97(1)	PG	MT 3y AT 2y	AA MT 2y 6m AT 2y		on bond - indecent assault	Three offenders entered night club, tied up owners and took wallet. Demanded pin number and withdrew $500 from teller. Sentenced on basis of common purpose only - not main offender.
Cooper (35) NSW CCA 1.11.1996	s.97(1)	PG	MT 3y 9m AT 2y	AD	Baseball bats	“formidable” record including dishonesty	Went to home of V with two other males, disguised and armed with baseball bats. Demanded money from V and struck them with bats. Lost both parents early in life; drug problem; without admissions Crown would have had difficulty with conviction.
Hawaorth NSW CCA 18.11.1996	s.97(1) Sched: 2 matters	PG	MT 4y AT 3y	AD	Shortened automatic shotgun	priors, although no details	Robbed Credit Union with unloaded shotgun. Balaclava in bag. Planned offence.
Leonard NSW CCA 22.11.1996	s.97(1)	PG	MT 3y 6m AT 3y 6m	AD	Timber	priors but not detailed	Robbed service station with co-offender at 9.30pm. Threatened attendant and obtained money. Aboriginal.
Lattouf (19) NSW CCA 12.12.1996	s.97(1) Sched: 2 x possess	PG	3y PD (+2m PSC)	Crown AD	Gun	Minor	Robbed store with two other men. Acted as lookout and removed some equipment. Good subjective features.
Bustescu NSW CCA 20.12.1996	s.97(1)	PG	MT 5y AT 2y 6m	AA MT 4y AT 2y (3y discount for assistance)	Guns		With four other men robbed V in their home. V tied up and assaulted. V in their sixties. No evidence A participated in violence on V. Considerable assistance (without assistance sentence would have been 11 years.)
Wright (23) (1997) 93 A Crim R 48	s.97(1)	PG	GBB 3y	Crown AA MT 1y AT 2y	Steak knife	on bond - assault, dishonesty, variety of bonds & CSO	Robbed Pizza delivery woman with co-offender. Grabbed her from behind and held serrated steak knife to throat. On drugs at time of offence.
Kerr (23) NSW CCA 26.8.1997	s.97(1) Sched: 6 offences, including robbery	PG	Griffith’s Remand (+3m PSC)	Crown AD Sentence inadequate but in discretion did not intervene	Knife	2 driving offences.	Robbed bottle shop taking $546. Undertaking drug rehabilitation.
Baker NSW CCA 27.8.1997	s.97(1)	PG	MT 6m AT 12m	Crown AD Manifestly inadequate, but excellent rehabilitation after five months and delay.	Machete type knife	on bail and periodic detention - dishonesty, driving and drugs - nil full time custody	Morning of offence granted bail for assault and breach AVO. Robbed 74y female shop keeper with in isolated shop. Admitted robbery was for ‘pure greed’. Readily admitted offence; suffering depression as result of physical illness.
Hilder NSW CCA 10.10.1997	s.97(1)	VG	MT 6y AT 4y	AD (no real argument made)	Rifle	10 AR - on parole for these offences	Robbed bank with rifle taking $8395. Had previously rejected different bank because of presence of security guard. Mental illness.
Micalleff (19) NSW CCA 3.11.1997	s.97(1) Sched: Use heroin	PG	MT 2y AT 4y	AA MT 18m AT 2y 6m	Blood filled syringe	nil	Robbed florist with blood filled syringe. Female offender; heroin addict; appalling background.
Gitt (37) NSW CCA 18.5.1998	s.97(1)		500hrs 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.
Hines (39) NSW CCA 25.5.1998	s.97(1)	PG	MT 4y 8m AT 2y 4m	AD	Paring knife	very bad – bond	Broke into elderly V’s house while asleep. Disguised himself and picked up paring knife from kitchen. Held knife at V’s throat. Stole goods, tied up and threatened V. Intoxicated. Surrendered to police; chronic alcoholic and drug addict.
Qi (18) (1998) 102 A Crim R 172	s.97(1) Sched: Kidnapping	PG	2y PD (+11m PSC)	Crown AA MT 2y AT 2y (starting date set to include PSC and time served on PD)		attempt BES, illegally use conveyance, possess ammunition – serving CSO and on probation and bail.	Forced entry into home with two other youths. Threatened occupants, including 11y female with gun and knife. Female taken and kept at hotel room until rescued by police next morning. A involved primarily in robbery, but not armed and played minor role.
Toomey (25) NSW CCA 22.7.1998	s.97(1)	PG	MT 3y AT 3y	AD	Screwdriver	mal damage, property, dishonesty, drugs – on bail	Robbed convenience store worker of $400. Aboriginal; alcohol and drugs.
Fisher (25) NSW CCA 18.9.1998	s.97(1)	PG	MT 2y AT 6m	AA MT 15m AT 15m	Knife	nil relevant	Robbed Post Office. Took money from till but panicked and left when told safe on alarm and customer arrived. Used own car and traced through number plates. Out of character with no explanation for behaviour.
Kavia NSW CCA 9.11.1998	s.97(1)	PG	MT 3y AT 3y	AA (sentence backdated)		multiple robberies – on bond and parole at time of offence	Backdating issue only.

NAME	OFFENCE	PLEA	SENTENCE	APPEAL	WEAPON	RECORD	INVOLVEMENT & SUMMARY
Henry (23) (1999) 106 A Crim R 149	s.97(1) Rob in company Sched: Administer heroin	PG	MT 1y 6m AT 4y	Crown AA MT 3y 6m AT 2y	Knife	MV theft, drugs, mal damage, dishonesty – no previous custody.	Robbed service station attendant of $810. Cut telephone wires when leaving. Robbed general store assistant of money from till with co-offender. Pointed knife at V’s ribs. Second offence committed on bail for first offence; heroin addict; unsuccessful rehabilitation attempts; remorse.
Jenkins (1999) 106 A Crim R 149	Assault with intent to rob whilst armed	PG	MT 3y AT 1y	AA FT 2y	Knife	old priors not relevant	Demanded $20 from shop assistant, leaving store when alarm activated. Prior good character – regret - immediate admission of guilt.
Tran (18) (1999) 106 A Crim R 149	s.97(1) Scehd: Supply drug, GIC	PG	3y 6m GBB	Crown AA MT 2y AT 1y 6m	Replica pistol	possess shortened firearm, possess proh weapon, possess drugs – on recog and probation	With 2 co-offenders entered video shop wearing balaclavas. Pointed replica pistol at V and demanded money. $600 plus money and credit card taken. Late plea guilty – some attempt at rehabilitation – 35% discount for assistance against co-offenders
Stahl NSW CCA [160] 26.5.1999	s.97(1) Sched: Public mischief	PG	MT 3y AT 2y	AD	Knife	BES, possess prohibited plant	Robbed taxi driver of keys, wallet and money. Held knife to V’s throat. Bipolar disorder; heroin addict; remorse; co-operation with authorities.
Collier NSW CCA [137] 7.6.1999	s.97(1) Sched: Larceny	PG	MT 1y 10m AT 2y 2m	AD	Syringe filled with red liquid	Drug and drug related offences	Robbed chemist of drugs wearing hood over face. Drug addict; special circumstances.
Baker NSW CCA [150] 11.6.1999	s.97(1) Sched: 5 offences	PG	MT 2y 4m AT 9m	AD	Knife	Lengthy	Entered home of 89y V with impaired vision and hearing, living alone. Took $30 and bank withdrawal form filled in by V. Female drug addict.
Ah-See (32) NSW CCA [175] 30.6.1999	s.97(1)	VG	MT 4y AT 3y	AD	Knife	dishonesty, supply heroin, receiving – previous custody – breach of recog at time of offence.	With shirt pulled over head robbed bowling club of money from till. Unpremeditated, amateurish effort. Aboriginal affected by alcohol and methadone withdrawal. Rehabilitation prospects.
Mangan NSW CCA [194] 21.7.1999	s.97(1)	VG	MT 7y 10m AT 2y 7m	AA MT 6y AT 2y	Gun	Armed rob in company (Qld), dishonesty, drugs, possess firearms – previous custody.	With co-offender robbed garden centre safe of $9000. Both wore dust masks. Pointed gun at store manager. Married with children.
Simon NSW CCA [224] 4.8.1999	s.97(1)	PG	MT 3y AT 2y 6m	AA MT 2y 3m AT 3y (To enable A to attend drug rehabilitation).	Blood filled syringe	Extensive – dishonesty, mal injury, drugs, assaults, steal from person – much previous custody.	Entered service station with t-shirt hiding his face. Threatened staff taking $75. Money recovered. Heroin addict; married with young child; offence committed to pay wife’s traffic fines; no permanent home; on Rohypnol; contrite; State ward at 14; semi-literate; tragic background.
McCarroll NSW CCA [237] 16.8.1999	s.97(1) Sched: GIC 4 x BE&S	PG	MT 6y AT 2y	AA MT 5y AT 3y	Revolvers	Lengthy – BE&S, GIC, SMV, larceny, self-admin drugs, stealing with violence whilst armed (Qld) – previous custody.	With co-offender entered supermarket and robbed two Armaguard employees of $42,500 and two firearms. Well planned offence.
Elleissey NSW CCA [299] 15.9.1999	s.97(1)	PG	MT 18m AT 2y	AD	Knife	multiple theft, assault, BE&S, drugs	Robbed newsagent of $600. Heroin addict; special circumstances.
Webster NSW CCA [313] 27.9.1999	s.97(1)	PG	MT 6m AT 3y 6m	Crown AA MT 12m AT 3y	Blood filled syringe	malicious damage, shoplifting – no previous custody.	With co-offender robbed convenience store of $410 and tobacco in early hours of morning. Drug addiction; family support; married with child.
Young NSW CCA [275] 9.9.1999	s.97(1)	PG	MT 3y AT 3y	AA MT 2y 6m AT 2y	Knife	assault, drugs, malicious damage, driving – no previous custody.	While watching story on “Australia’s Most Wanted” boasted to family and friends he could commit a robbery. Left house affected by alcohol and amphetamines and robbed service station of $2415. Dysfunctional and violent family background; drug use; immature; impetuous and amateurish offence; genuine remorse; good rehabilitation.
Stranglemen NSW CCA [343] 25.10.1999	s.97(1)	PG	MT 2y 6m AT 10m	AA MT 18m AT 13m 35% discount for assistance	Knife	nil	With co-offender robbed service station of $200 and cigarettes. Co-offender threatened victim with knife. A also had knife in pocket. Employed; reliable worker; stable relationship; assistance to police re co-offender’s involvement in other robberies.
Horne NSW CCA [391] 6.12.1999	s.97(1)	PG	MT 7m 7d AT 18m	Crown AD	Knife	One prior (not specified)	With co-offender wearing balaclavas robbed service station of $44 and cigarettes. Co-offender threatened V with knife. Lesser role than co-offender. Female; drug abuse; resumed career upon release from gaol; family support; ideal prisoner.
Freeman NSW CCA [394] 6.12.1999	s.97(1) Sched: BES	PG	MT 4y AT 3y	AD	Knife	bad record	Robbed Service Station with three other men. Aboriginal with deprived childhood, addicted to alcohol, illicit drug user.
Armstrong NSW CCA [16] 14.2.2000	s.97(1)	PG	MT 3y AT 3y	AD	Syringe	daunting record	Robbed service station, punching proprietor in struggle. Not sophisticated offence. Early admissions to police; genuine remorse; drug addiction; assistance to authorities.
Stanley NSW CCA [432] 16.2.2000	s.97(1)		MT 4y AT 3y	AA MT 3y AT 2y	Knife	prior convictions – offence committed on recog and after 2 days of parole	After release from gaol stayed with friend. Went next door armed with knife to obtain drugs. 18y visitor no knowledge of drugs – gave $20 when assaulted Aboriginal – itinerant lifestyle – addicted to drugs and alcohol.
Geoghegan NSW CCA [93] 21.2.2000	s.97(1) Sched: Demand money with menaces Larceny	PG	MT 2y AT 2y	AA (fresh evidence as to medical condition) MT 1y 9m AT 2y 3m			Female - No facts of offence provided. Fresh evidence on appeal – physical illness – severe anaemia.
Zaia NSW CCA [52] 23.2.2000	s.97(1) Sched: BES		MT 3y AT 2y	AA MT 2y AT 2y	Knife	nil	Robbed pie shop with kitchen knife. Female who become addicted to heroin recently through male partner.
Sua (16) NSW CCA [94] 23.2.2000	s.97(1)	PG	MT 3y AT 2y 6m	AA MT 2y 6m AT 2y 6m	Pistol	prior convictions including violence and robbery	Forced way into private hotel, threatened manager with pistol and tied him to bed. Significantly disturbed childhood culminating in drug abuse; some positive signs of rehabilitation.
Pagett NSW CCA [438] 23.2.2000	s.97(1)	PG	MT 2y 6m AT 18m Conc with breach of parole – will serve 359d solely on this offence	AD		on parole for AR – parole revoked prior to commission of offence	Female - No details of offence – committed AR with co-offender. Parity.
Coombes NSW CCA [349] 31.7.2000	s.97(1)	PG	MT 3y 6m AT 2y 6m	AA 3y 6m NPP 2y	knife		Robbed male in park with co-offender. Taking credit cards. Knife held to V’s throat and A kneed and punched V. Assistance to authorities.
Majstrovic (34) NSW CCA [420] 9.10.2000	s.97(1)	PG	MT 4y 6m AT 1y 6m	AA 6y NPP 3y	toy pistol	lengthy	Robbed saleswoman at bottle shop of $270.
Doorey (25) NSW CCA [456] 27.10.2000	attempt s.97(1)	PG	MT 2y AT 2y	AD	pocket knife	prior criminal record – offence committed while on bond	Borrowed jumper and beanie, walked from local party and attempted to rob service station. Unable to open register after attendant fled. Offence committed at night Personality disorder – Substance abuse – Vulnerable in prison
Thornbury (19) NSW CCA [526] 6.12.2000	s.97(1)	VG	MT 3y 8m AT 1y 6m	AA 5y NPP 2y 9m	12cm knife	long record with diverse offences	Robbed service station staffed alone by middle aged woman at 8pm. Held knife against chest of victim. Parents strongly influential in fostering A’s attitude to crime. Aboriginal with deprived background.
Yucel NSW CCA [532] 13.12.2000	s.97(1)	PG	4y NPP 3m 2d	Crown AA 3y NPP 1y 6m (PD) (taking into account 3m 2d time served)	knife		Robbed electronics story of nearly $3,000 worth of property. Impressive subjective features – good prospects of rehabilitation. Sentence not full time custodial because of delay in appeal and impressive rehabilitation.
Hughes (19) NSW CCA [264] 22.6.2001	s.97(1) Sched: Passenger in conveyance	PG	4y NPP 3y	AA 4y NPP 2y		not bad record	Robbed jewellery shop with three co-offenders. One offender armed with knife forced staff into rear office. Difficult and unhappy childhood.
Elkurdi (25) NSW CCA [240] 27.6.2001	s.97(1)	PG	5y NPP 3y	AD	knife	extensive record	Robbed shop causing superficial injuries to proprietor.
Elkaddour (24) NSW CCA [302] 6.8.2001	s.97(1)	PG	6y NPP 3y 6m	AD	knife	robbery, assault	Tied up V in own home - Threat to kill – Demanded money and jewellery.
Moore NSW CCA [454] 10.9.2001	s.97(1) Sched: Possession of drugs and equip	PG	4y 6m NPP 2y 6m	AD	piece of timber	extensive and discouraging	Through window saw ladies in back room of escort agency counting money. Spontaneous decision to rob them using timber found in backyard.
Boney (18) NSW CCA [432] 19.10.2001	s.97(1) Sched: Take and drive conveyance	PG	3y NPP 18m	AA (parity) 2y 6m NPP 1y 3m	screwdriver	lengthy – on parole at time of offence for robbery in company	Robbed commercial premises with younger brother – threatened victim with screwdriver – unplanned offence Aboriginal with deprived background – brother received non custodial sentence – brother a juvenile
Bushell (26) NSW CCA [462] 21.11.2001	s.97(1)	VG	3y 6m NPP 1y 6m	AA 2y NPP 1y 1m	scissors	lengthy – related to drug addiction	Obtained cigarette from complainant on train holding scissors in threatening manner – Demanded $5 - towards bottom of scale of seriousness – spur of the moment. Fresh evidence suffering schizophrenia
Akbary NSW CCA [491] 28.11.2001	s.97(1) Sched: AR	PG	4y 6m NPP 2y 6m	AD	meat cleaver or meat hammer	extensive	Threatened shop keeper for cigarettes and money – not well planned. Recently released from psychiatric hospital – suffering serious mental illness
Hunter (45) NSW CCA [530] 10.12.2001	s.97(1) Sched: assault	PG	7y NPP 3y 6m	AD	knife	prior conviction for AR	Approached mother with young children at ATM – placed knife to throat of 9y daughter – Took money and left Suffering schizophrenia -
Henry NSW CCA [521] 12.12.2001	s.97(1)	PG	4y NPP 2y	AD	syringe	shoplifting offences	Held up mixed business using syringe – Struggle ensued when shopkeeper’s wife struck app. Remorse – Some success in reducing drug dependency
Philips (29) NSW CCA [167] 6.5.2002	s.97(1)	PG	6y NPP 3y	AD	knife	prior convictions with no gaol – breached bond and bail	Robbed taxi driver with de facto – V suffered slight cut to chin – Stole taxi Recent death of child resulted in drug addiction for both offenders – Good prospects of rehabilitation – Traumatic upbringing and psychological problems
Ryan (24) NSW CCA [171] 8.5.2002	s.97(1)	PG	5y NPP 3y 9m	AA 4y NPP 2y 6m	knife	lengthy	Aboriginal woman robbed shop in company with co-offender – Co-offender more significant role Drug addiction – Possible brain damage – Dysfunctional life – Mother of young son.
Walker (32) NSW CCA [178] 15.5.2002	s.97(1)	PG	6y NPP 3y 6m	AD	replica gun	lengthy and escalating – on parole and suspended sentence for similar offences	Pointed gun at 17y schoolboy and searched schoolbag for mobile phone.
Pearson (36) NSW CCA [256] 12.6.2002	s.97(1) Sched: minor drug matter	PG	4y NPP 2y 3m	AD	vegetable knife	little	Robbed newsagency while disguised and screaming abuse Troubled childhood led to early drug abuse – Failed to comply with Griffiths remand to assist drug rehabilitation
Hayes (25) NSW CCA [237] 18.6.2002	s.97(1)	PG	4y NPP 3y	AA 3y 4m NPP 2y 2m	blood filled syringe	not relevant	Robbed service station using balaclava and blood filled syringe – Limited planning Long term addiction – Genuine contrition
Knight (19) NSW CCA [12] 28.6.2002	s.97(1) Sched: possess heroin	PG	5y 3m NPP 3y	AD	knife	prior for possession of drug – on bond	Broke into girlfriend’s parents’ house after first cutting off electricity – Demanded money from victims in bed – Took handbag containing $5000. Money recovered Bike accident caused psychological and physical effects and resulted in drug addiction – Remorse – No error in starting point higher than Henry
Parsons (19) Poore (20) NSW CCA [296] 26.7.2002	s.97(1) s.97(1)	PG PG	2y PD 2y PD	Crown AD AA 2y PD NPP 18m (PD revoked prior to hearing of appeal) 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
King NSW CCA [365] 2.9.2002	s.97(1)	VG	7y NPP 5y 3m	Conviction AD	object disguised as gun		Waited in car for female V – Pushed object into her back telling her it was a gun – Forced her into restaurant and stole money
Weldon NSW CCA [308] 20.6.2002	s.97(1)	PG	6y NPP 4y 6m	AA 6y NPP 3y	knife	armed robbery	With two co-offenders robbed jewellery store armed with knife. Took staff into rear office. Took $250,000 worth of jewellery and $3000 cash. Goods and cash recovered. Effect of earlier sentence. Special circ. Depressed state. Aboriginal background.
Sullivan NSW CCA [312] 1.8.2002	s.97(1)	PG	4y 6m NPP 2y 9m	AA 4y 1m NPP 2y 3m	knife	malicious wounding	Robbed female with knife – Grabbed bag and pushed V to ground Failure to take into account pre-sentence custodial rehabilitation
Howarth (44) NSW CCA [387] 23.9.2002	Assault with intent to rob	PG	8y NPP 6y	AA 6y 6m NPP 4y 10m	knife	on parole for AR	Telephoned police and advised of robbery – Entered post office and attempted robbery – Threatened man with knife Co-operated with police – Preferred to return to custody
Dodd NSW CCA [418] 11.10.2002	s.97(1)	VG	7y NPP 4y 6m	AD	knife	on bail and bond – extensive record	Robbed male in own home in company with juvenile co-offender
RMK (15) NSW CCA [414] 11.10.2002	s.97(1) Sched: Rob in Company	PG	4y NPP 18m	AA 3y NPP 15m	knife	nil	With co-offender approached Asian couple in park – Demanded and received money – Produced knives and threatened victims – Male cut on hand and cheek – Stole more cash Refugee from Sudan with no parents – Evidence of rehabilitation – Parity
Ebsworth (24) NSW CCA [465] 15.11.2002	s.97(1) Sched: Carried in conveyance	PG	5y NPP 3y 9m	AD	baseball bat	record for similar offences – breached parole	Armed with baseball bat and in company of 2 co-offenders robbed liquor store – Left in stolen car Disturbed and dysfunctional family background
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
Bryant (23) NSW CCA [34] 21.2.2003	Assault w/i to Rob	PG	5y NPP 3y	AD	knife	similar offences	Entered bakery seeking money for food Profoundly affected by death of father – Early drug addiction – Reasonable prospects of rehabilitation
Luu (21) NSW CCA [39] 26.2.2003	s.97(1) Sched: GIC	VG	8y NPP 5y	AD	knife	no prior imprisonment – on bail for demand money with menaces offences	With 3 co-offenders surrounded 19y V on street in broad daylight – took wallet and PIN and withdrew $800 Heroin addiction
Vincent (22) NSW CCA [112] 28.4.2003	s.97(1)	PG	3y NPP 1y	Crown AD	Knife	Nil	Entered car of female and threatened her with knife – Impulsive offence Genuine contrition – Protective custody – Family support – Need for early treatment for psychotic illness
Russell NSW CCA [279] 1.10.2003	s.97(1)	PG	7y NPP 4y	AA 6y NPP 3y	Gun	minor	With co-offender robbed convenience store threatening with gun and wearing balaclavas – Took cigarettes and alcohol – Cut telephone lines before leaving. SJ erroneously sentenced for s. 97(2)
Olson NSW CCA [349] 18.11.2003	s.97(1)	PG	5y NPP 3y 9m	AA 4y 3m NPP 3y 2m	Knife	Appalling record	Waited in car while co-offender followed female from club and robbed her of handbag using knife Insufficient discount for assistance against co-offender
Dang (20) NSW CCA [338] 20.11.2003	s.97(1)	PG	4y 6m NPP 2y 6m	AD	Knife	Nil	Robbed store Drug addiction – Genuine remorse – Good prospects of rehabilitation
Reynolds NSW CCA [51] 12.3.2004	s.97(1) Sched: Larceny	PG	4y NPP 2y	Crown AD Sentence inadequate but dismissed due to Crown delay	Knife	Robbery. On parole.	Robbed post office of approx $500 armed with knife. Drug abuse.
Kane (28) NSW CCA [78] 19.3.2004	s.97(1)	VG	8y NPP 6y	AD	Knife and brick	Extensive	Robbed TAB at night armed with knife and brick – threats of violence Heroin abuse
Hemsley (29) NSW CCA [228] 7.7.2004	s.97(1)	PG	6y NPP 4y 6m	AA 3y NPP 2y	Syringe filled with blood	Prior convictions for less serious offences	Female - robbed hairdresser Dysfunctional childhood and personal background – Suffering borderline personality disorder and major depression – Failure to give appropriate reduction for mental illness
Fry (34) NSW CCA [238] 16.7.2004	s.97(1)	PG	FT 12m	Crown AD	Toy gun	Breached parole – lengthy record – spent most of adult life in custody	Robbed pharmacy using toy gun Evidence of rehabilitation – assistance to authorities – proposed release to full time residential program – failure to provide appropriate supervision upon release from custody prior to commission of offence – delay in Crown appeal
Randell (20) McAlister (18) NSW CCA [337] 30.9.2004	s.97(1) s.97(1)	PG PG	6y NPP 4y (partly concurrent) 5y NPP 3y	AA 5y 3m NPP 3y 6m 4y NPP 2y 6m	Knife	Sign record – BE, larceny - breached parole Minor juvenile record w recent rob in comp – subject to bond at time of off	Home invasion at night on home of acquaintance – searching for drugs – young female at home alone – mobile phone stolen and resold by R R: significantly deprived upbringing – studied at TAFE McA: low average intellectual ability – some employment history and favourable character evidence – no previous custodial sentence.
Martin (19) NSW CCA [416] 29.11.2004	s.97(1) Sched A w/i rob GIC	PG	5y 4m NPP 4y	AA 5y 4m NPP 3y 3m	gun	14 priors, mainly in Children’s Court; on bail at time of offence	In company, robbed man of wallet and mobile on street – hit victim on nose with gun Dysfunctional family – substance abuse – youth – now studying – special circumstances found
Youkhana (32) NSW CCA [412] 30.11.2004	s.97(1)	PG	6y 4m NPP 4y 3m	AA 5y 3m NPP 3y 3m	Replica pistol	Breached bail for offence of interfering with dead body	Robbed manager of Club with co-offender – three employees bound – video tapes removed - $81,000 stolen Iraqi born - Married with children – reasonable prospects of rehabilitation – failed to take into account effect of accumulation
Jones (31) NSW CCA [432] 10.12.2004	s.97(1)	Early PG	6m (concurrent to other sentences)	Crown AA 3y NPP 2y	Empty syringe and needle	Lengthy record – breached parole	Stole handbag from man waiting in car – struggle – Delay in detection Drug addiction
House (40) NSW CCA [88] 17.3.2005	s.97(1)	PG	4y 6m NPP 3y	AD	Tyre lever	Lengthy record for dishonesty offences – breached parole	With co-offender robbed retail premises forcing occupants into chiller room.
Vincent NSW CCA [135] 7.4.2005	s.97(1)	PG	4y NPP 2y	Crown AA 6y NPP 3y	Baseball bat and knife	Breached parole for multiple AR – offence committed two weeks after release	Female - with 14y son forced entry into unit – female occupant pushed and threatened – property and car stolen – angered by allegation of sexual abuse by son – originally intended to assault complainant Aboriginal with drug addiction, mental illness and history of sexual abuse
Collins (48) NSW CCA [198] 20.5.2005	s.97(1) Sched 3 x GIC	PG	3y NPP 15m	AD	Knife	Minor	Female – robbed video store using knife – in possession of goods from break and enter committed by de facto partner Contrition – good prospects of rehabilitation
McNamara (28) NSW CCA [195] 20.5.2005	s.97(1)	PG	8y NPP 4y 6m	AA 6y NPP 3y 6m	Gun	Prior convictions including custody	Robbed football club – co-offender carried pistol – not aware weapon was a gun Supportive partner with 2 children
Wicks (24) NSW CCA [213] 7.6.2005	s.97(1)	PG	3y NPP 8m 28d (immed release)	Crown AD	Knife	Minor criminal record – breached bond	Female robbed store using knife – Suffering chronic schizophrenia exacerbated by custody – parole revoked prior to appeal
Hardy (26) NSW CCA [294] 30.8.2005	s.97(1)	PG	6y NPP 4y 6m	AA 6y NPP 3y 6m	Gun (replica?)	Lengthy; in custody for last 4 years – breached conditional liberty	In company, entered elderly couple’s home and took female’s handbag, later found with contents intact DV background – heart condition caused by IV drug use – now on methadone and motivated to deal with addiction
DV (22) NSW CCA [319] 8.9.2005	s.97(1) Sched: 2 x Assault	PG	3y NPP 27m Periodic Detention	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
Murphy NSW CCA [412] 2.12.2005	s.97(1)	PG	4y 3m NPP 3y	AA 3y 6m NPP 2y 3m			Female – involved in robbery of security guards - lesser culpability than co-offenders but still vital role Parity
Gadson 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
Bichar (32) NSW CCA [1] 23.1.2006	s.97(1)	PG	3y NPP 18m	AD	Syringe	Minor	Robbed train passenger using syringe Suffered PTSD from army service and brain injury from accident at work – drug abuse
Ross (18) NSW CCA [65] 15.3.2006	s.97(1)	PG	5y NPP 2y 6m	AA 4y NPP 2y	Knife	Criminal record	Robbed passenger at trial station – knife not wielded against victim – no pre-planning Unhappy and dysfunctional upbringing – mild developmental disability caused by frontal lobe damage – stole money for food – drug addiction – prospects of rehabilitation
Buonocore (24) NSW CCA [159] 18.5.2006	s.97(1) Sched: s.97(1)	PG	7y NPP 4y 6m	AD	Knife / firearm	Nil	With co-offender robbed female taking pharmacy takings to bank – Male employees robbed in similar circumstances on subsequent occasion – Driver of getaway vehicle – Former employee of pharmacy – careful planning – prime mover
Olive NSW CCA [329] 12.10.2006	s.97(1)	PG	2y 3m NPP 15m	AD	Syringe		Attempted to rob video store with syringe – grabbed female proprietor Good prospects of rehabilitation.
MacDonald (23) NSW CCA [105] 16.4.2007	Att s.97(1) Sched: Armed with intent	PG	5y NPP 2y	AD	Syringe filled with red liquid	Use offensive weapon to avoid detention	Attempted to rob liquor store – attacked by attendant with baseball bat – repeated attempt 6 days later Drug addiction – mental illness
Liao (25) NSW CCA [132] 2.4.2007	s.97(1)	PG	6y NPP 2y 9m	AD	Knife and rolling pin	Nil	Lured landlady into bedroom – threatened with weapons – assaulted – tied up and gagged over prolonged period – planned offence – higher than mid-range seriousness Chinese student
Ersman (19) NSW CCA [161] 19.6.2007	s.97(1)	PG	6y NPP 3y	AA 5y NPP 2y 6m	Knife	Prior convictions	Three offenders robbed 44y female in car park of railway station at night Borderline disabled – maladjusted – difficult background – drug and alcohol problems
Wilson-Winship (23) NSW CCA [163] 27.7.2007	s.97(1)	PG	3y 9m NPP 2y 3m	Crown AA 6y NPP 3y	Sledgehammer	Long history of drug related offences – breached parole	Smashed bank window with sledgehammer and stole $60,577.73 Prospects of rehabilitation
Legge (18) NSW CCA [244] 27.7.2007	s.97(1)	PG	2y 7m NPP 1y 4m	AA 2y 7m NPP 10m	Knife	Nil	Approached male victim at ATM in shopping centre – demanded money and told victim he had a knife – victim was plainsclothes police officer. Offence committed under duress from other persons who had planned the robbery.
Simpson NSW CCA [348] 14.12.2007	s.97(1)	VG	6y NPP 4y	AA 4y 6m NPP 3y	Knife	Stealing, Robbery in company	Female - Approached female victim – threatened and scuffle ensued - robbed victim of digital camera. Drug use – Rehabilitation.
Sheridan NSW CCA [14] 5.2.2008	s.97(1) Schedule: Goods in custody	PG	8y NPP 6y	AD	Pistol (unverified on sentence)	Lengthy. Offence committed whilst on parole.	Robbed newsagency of $800 – victim unable to verify actual weapon. Planned offence – little prospect of rehabilitation – drug abuse.
Veale NSW CCA [23] 19.2.2008	s.97(1)	PG	10y NPP 7y 6m	AA 8y NPP 6y	PVC pipe	Includes AR – breached parole	Robbed female in car park carrying takings from service station – used stolen car – sentenced to concurrent term for SMV Disturbed background – disability to arm means protective custody
Ryan (18) NSW CCA [198] 29.8.2008	s.97(1)	PG	3y NPP 18m	AD	Knife	Nil	Robbed service station attendant armed with knife – stole money and cigarettes – Robbery filmed on CCTV and screened on television – No response from public – Within three days applicant attended police station with parents and made full admissions. Strong subjective case – Voluntary disclosure - Affected by death of cousin – Alcohol abuse – Depression.
Ahmed (35) NSW CCA [305] 5.12.2008	s.97(1) Sched: 5 offences	PG	7y NPP 3y 6m	AD	Knife	Significant – breached parole	Robbed pedestrian
Brown NSW CCA 9 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 – personal circumstances led to clouded judgement. (Full details not outlined in judgment).