Case	Offence	Plea	Sentence	Appeal	Record	Facts
Goolagong NSW CCA 28.9.1994	s.95 [striking]	PG	MT 3y AT 1y	AD		Stole handbag from elderly lady in underground car-park, struck and forced to ground. Significant injuries.
Lego (20) NSW CCA 24.4.1995	s.95 [striking]	PG	MT 2y 6m AT 18m	AD	assault	In company with another hit V over head with stubby and it broke. No permanent injury. Grabbed wallet and decamped.
Docherty NSW CCA 27.11.1995	s.95 [striking]	VG	MT 15m AT 2y	AA MT 12m AT 2y 2m		Group of four set upon V.
Ellem (31) NSW CCA 18.12.1996	s.95 [corp violence]	PG	MT 4y AT 2y	AD	Violence offence.	Assaulted and robbed victim after night of drinking together. Stole $50 from wallet. Victim was related.
Douglas (24) NSW CCA 4.3.1997	s.95 [corp violence]	PG	Bond 2y conditional upon treatment Odyssey House	Crown AD	Possess drug, BE&S	Snatched handbag from victim. Victim suffered fractured shoulder. Drug addiction.
Marino (25) NSW CCA 9.4.1997	s.95 [striking]	PG	MT 3y AT 3y	AD	personal and property offences - previous custody – breached parole	Attacked victim in public toilet. Took wallet and threatened victim after noting victim’s address. Drug abuse. Deprived background.
Woodfield (21) NSW CCA 11.6.1997	s.95 [corp violence]	PG	MT 18m AT 2y 6m	AD	nil	Punched and robbed employee taking cheques and cash to bank - Considerable planning Assistance to authorities - Immature - Likelihood of rehabilitation
Turner (19) NSW CCA 1.9.1997	s.95 [striking]	PG	2y 6m PD Upon breach of PD order, sentenced to MT 1y 10m AT 8m	AA MT 1y 5m AT 1y 1m	Property offence - no previous custody.	With co-offender assaulted victim stealing $6400. Deprived background. Personality disorder.
Darkin (19) NSW CCA 10.9.1997	s.95 [corp violence]	PG	MT 4y AT 2y	AA MT 3y 6m AT 2y	property offences	With group of males attacked V in park. V punched and stabbed in thigh. Stole $3000 worth of property. Heroin addiction. Left school at 14. Behavioural problems.
Smith (19) NSW CCA [45] 12.3.1999	s.95 [striking]	PG	MT 2y AT 2y	AA only to backdate sentence	stealing, BE&S, fraud, AOABH	Following argument with V, stomped on head while V semi-conscious. Took money from pockets. Aboriginal background. Violent home. Serious drug and alcohol problems.
Locke (39) NSW CCA [19] 21.2.2000	s.95 [corp violence] Sched: PCA Drive while canc Fail to appear	PG	MT 2y AT 1y 6m	AA MT 1y 6m AT 1y	violence, property, fraud - previous custody.	With 11y nephew accepted overnight accommodation from victim. When V expressed sexual interest in nephew, attacked V stealing motor vehicle to escape. Aboriginal background. Drinking prior to offences.
Abou-Jibal NSW CCA [127] 10.4.2000	s.95 [mal inflict]	PG	MT 2y AT 18m	AD	breached suspended sentence	Snatched bag from female leaving bank –V injured as pulled down stairs - pre-meditated. Gambling addiction
Black (20) NSW CCA [41] 16.2.2001	s.95 [corp violence]	PG	3y 1m NPP 1y 8m	AA 2y 6m NPP 16m	no significant priors	Struck supermarket checkout sales assistant in face with fist. Removed $230 from till. Affected by heroin and cocaine at time of offence - little premeditation - good rehabilitation prospects.
HMB NSW CCA [554] 4.7.2000	s.95	VG	MT 18m AT 2y	Conviction AD		With 2 co-offenders robbed service station - Male co-offender threatened and hit attendant on arm with axe
RY (13) NSW CCA [499] 21.11.2001	s.95 [corp violence]	PG	12m NPP 9m	AA Control order 12m NPP 6m	nil	With aid of two co-offenders punched and kicked V at shopping mall after V refused to give offender money. Stole V’s mobile phone. Borderline intellectual disability - mental and personality disorder
Maloukis (32) NSW CCA [155] 30.4.2002	4 x s.95 [corp violence] s.94 Robbery Sched: s.95 2 x s.94 GIC	PG	4y NPP 2y (all conc)	Crown AA (cumulative sentences) Total: 6y NPP 3y 6m	extensive record incl drugs, violence - previous custody - breached bond.	Over five months committed bag-snatch robberies upon elderly female victims by driving alongside victim and grabbing handbag. Some victims were injured by falling. High degree of criminality and planning. Drug abuse.
Kemsley (18) NSW CCA [221] 8.8.2003	s.95 [corp violence]	VG	2y NPP 12m	AD	Includes common assaults and knife in public place	Assaulted male in street outside Pizza Place – Angered by involvement of victim with girlfriend of appellant – Punched and strangled – Stole necklace and earring
Kerr (32) NSW CCA [234] 26.8.2003	s.95 [corp violence & inflict abh]	VG	14y NPP 11y	AA 10y 2m NPP 7y 9m	Lengthy record	Led to younger men to steal cannabis plants – Forced way into house assaulting complainant with handgun – co-offender armed with baseball bat Aboriginal with deprived and disrupted childhood – Recent prospects of rehabilitation – Element of parity – Sentences include 6m PSC
Tran (19) NSW CCA [6] 5.2.2004	s.95 Att s.95 Sched: Rob in Co Att Rob in Co	PG	6y NPP 4y	AA 5y 6m NPP 3y 6m		With 3 co-offenders robbed school boys aged 14-15y – V punched and kicked – Money and phones stolen – One offence committed alone Parity
Chebat NSW CCA [211] 28.6.2004	s.95	PG	2y 6m NPP 1y 3m	AD	Nil	With co-offenders attacked male – Squeezed throat and hit head on wall – Sustained assault including kicking and punching Youth – Prior good character – Head injuries from car accident
Sarcasmo (29) NSW CCA [277] 18.8.2004	s.95 – [mal inflict ABH]	PG	3y NPP 2y 6m	AA 3y NPP 18m	Lengthy – on bail – no previous imprisonment	Grabbed handbag from 44y female victim – caused victim to fall to ground – failure to sentence in accordance w/ s44 – specific error found – not manifestly excessive Heroin withdrawal – early guilty plea – need for drug treatment and counselling
Walter (32) Thompson (23) NSW CCA [304] 3.9.2004	s.95 – [mal inflict ABH]	PG PG	5y NPP 6m 3y (PD) NPP 4m	Crown AA 4y NPP 12m 3y NPP 9m	Record including violence – no gaol Juvenile record only - no violence or gaol	Approached male stranger in street at night and demanded jeans – Complainant punched in eye and kicked on ground – Removed jeans, shoes and other valuables – DW more culpable - Delay MT – Aboriginal – Borderline intellectually handicapped – Evidence of positive rehabilitation’ DW – Aboriginal – Suffered physical and racial abuse as a child
Hala, aka Black (19) NSW CCA [329] 23.9.2004	s.95	PG	3y 6m NPP 1y	AD	Record including violence; bonds breached	Attacked 2 youths about some earlier conversation – struck one of victims – took mobile phone - Opportunistic crime – error as to NPP but s6 applied Alcohol – abuse by step-father – ADD – contrition.
Fields (40) NSWCCA [37] 16.2.2005	s.95 [mal inflict ABH]	PG	6y NPP 4y	AD	Lengthy record – breached bond	Went to home of 61y disability pensioner in company and demanded money, then punched in face –put knife to V’s throat and threatened to kill – kicked about body – serious injuries – no recollection of event 25% discount for PG - alcohol and cannabis – aboriginal and removed from mother’s care at 6 weeks – illiterate and innumerate – poor health – interested in rehabilitation
Sundar (31) NSW CCA [93] 15.3.2005	s.95 [corp violence]	PG	5y NPP 3y	AA 3y NPP 2y	Relatively minor record	Attacked V in belief V had stolen property from his girlfriend – punched and stabbed V and took health care card from wallet – Unaware co-offender had knife Parity – insufficient discount for assistance to authorities and contrition and utilitarian discount for plea - depression – delusional
McIlwraith (22) NSW CCA [137] 6.4.2005	s.95 [mal inflict ABH]	PG	6y NPP 4y 6m	AD	Extensive record – breached parole	Robbed video store with co-offender – Assaulted male and stole money and phones No parity issue
Atonio (20) NSW CCA [200] 7.6.2005	s.95 [corp violence]	PG	5y NPP 3y	AD	Significant – breached bond and parole	Accosted V at train station and demanded money or his mobile – punched V twice in face – arrested at scene Errors in application of s 21A did not significantly affect sentence imposed - low IQ – affected by alcohol
Suaalii (23) NSW CCA [206] 9.6.2005 Mauai (20) NSW CCA [207] 9.6.2005	s.95 [deprive person of liberty] s.95 [deprive person of liberty]	PG PG	9y NPP 6y 6m 9y NPP 6y 6m	AA 6y 8m NPP 4y 6m AA 6y 8m NPP 4y 6m	Nil but since sentenced for AOABH Nil	Security guards went to hotel where co-offender worked (M previously worked there) - tied up co-offender and employers, including 6m pregnant V – threatened bomb in the building - $31,500 taken from safe S: 25% discount – Samoan – insufficient weight given to youth and rehabilitation prospects – M: 25% discount – Samoan – good employment history – although special circs found, ratio of 72% did not reflect this – educational courses in prison
Freeman (19) NSW CCA [460] 2.12.2005	s.95 [mal inflict ABH]	PG	3y 4m NPP 2y	AA 3y 2m NPP 1y 10m	Criminal record – breached parole	Female with co-offender robbed train passenger – complainant assaulted by co-offender Parity
Malcolm NSW CCA [323] 10.10.2006	s.95	PG	3y 4m NPP 2y	AD		Assaulted person outside train station – stole mobile phone – unprovoked attack Intellectual disability
Perkins (32) NSW CCA [80] 2.4.2007	s.95 [mal inflict ABH]	PG	3y 6m NPP 18m	AD	Not relevant	Intoxicated at hotel – Began talking to hotel staff about “killing someone” and “scoring” drugs – Left in taxi – Threatened taxi driver with sharp implement causing lacerations to victim’s neck. Out of character – suffering depression due to serious neck injury - Special circumstances.
Saban (31) NSW CCA [139] 16.5.2007	s.95 Sched: 2 x s.99 s.61	PG	6y 9m NPP 4y 9m	AD	Lengthy record – violence – breached parole	Assaulted male with knife – demanded motor bike – took mobile phone – on separate occasion pushed female acquaintance – next day threatened returns’ desk at supermarket Dysfunctional and fearful childhood – drug addiction – suffering depression and anxiety
Tortell (19) Tsegay (18) NSW CCA [313] 15.11.2007	s.95 [corp violence] Sched: Carried in stolen conveyance	PG	300 hours CSO	Crown AD	Nil Nil	Robbed victim of $51K while proceeding to deposit money at bank on behalf of client – respondents had been notified by telephone of victim’s movements by a client of the victim. Strong subjective features - limited planning of offence – prior good character - youth – rehabilitation Tortell suffering mental health condition.
Azzi NSW CCA [169] 22.7.2008	s.95 [corp violence] Sched: Fail to disclose identity of passenger	PG	3y NPP 18m	AD	Violence – breached bail	Met victim to discuss purchase of puppy – punched victim in face before leaving – impulsive offence – knife visible in jacket pocket – refused to reveal identity of persons in car
Priest (28) NSW CCA [33] 19.2.2009	s.95 [inflict actual bodily harm] Sched: Carried in ocnveyance	PG	4y NPP 2y	AA 3y 4m NPP 1y 8m	Record	With co-offender drove victim to remote area – V assaulted and robbed of wallet – left to walk home Difficult childhood – drug addiction
Ferenc NSW CCA [126] 23.4.2009	s.95 [corporal violence]		2y 6m NPP 18m	Crown AA 4y 3m NPP 3y	Armed robbery, robbery in company, assault with intent to rob.	Robbed pizza delivery man who had come to deliver pizza – punched victim in face – demanded money. Alcohol addiction.
Sheather (19) NSW CCA [173] 30.6.2009	s.95 [corporal violence]	PG	3y NPP 1y 4m	AA 2y NPP 1y	Possess drug	With 3 cooffenders robbed taxi driver – asked taxi driver to drive to remote location – one cooffender struck victim in head with a mallet – victim did not suffer serious injuries. Parity – juvenile cooffenders - Sentence out of proportion to sentence imposed on cooffender.