{
 "id": "021",
 "offence": "Armed robbery",
 "jurisdiction": "Australia, New South Wales",
 "years": "1999 / 1999",
 "story": [
  "Both cases concern armed robbery in New South Wales. Both accused were 18, and both pleaded guilty.",
  "He, Hoai Vinh Tran, with two accomplices robbed a video store in Greenfield Park. He produced an imitation pistol, pointed it at the shop assistant and demanded that the till be opened; $660 was taken. He was first given a non-custodial sentence, but the Crown appealed it as manifestly inadequate. The appeal was allowed: a non-parole period of 24 months and an additional term of 18 months, 42 months in total (paras. 2, 4, 5, 32).",
  "She, Danielle Colgan, with accomplices committed an armed robbery at a Mobil service station in Berowra, using a stolen car. She carried a long knife. She also took part in an attempted armed robbery in company at a service station in Lisarow. For the robbery she was sentenced to 2 years with a non-parole period of 1 year, and for the attempt to 1 year concurrent. Her appeal against sentence was dismissed (paras. 3, 4, 6, 14).",
  "The court noted her tragic background and her genuine, partly successful attempts at rehabilitation. At the same time it said the offences were serious (para. 9)."
 ],
 "male": {
  "case": "REGINA v TRAN",
  "citation": "REGINA v TRAN [1999] NSWCCA 109",
  "court": "New South Wales Court of Criminal Appeal",
  "date": "1999-05-12",
  "charge": "Armed robbery (s97(1) Crimes Act 1900)",
  "outcome": "Crown appeal allowed, resentenced",
  "sentence": "Non-parole period of 24 months and additional term of 18 months, 42 months in total",
  "facts": "Robbed a video store with two accomplices, pointed an imitation pistol at the shop assistant and demanded the till be opened; $660 taken. The robbery was planned in advance to get money for heroin. He was 18, with prior convictions for possessing a shortened firearm and a prohibited weapon. He pleaded guilty (paras. 2, 4, 5, 13, 24, 32).",
  "source": "https://www.caselaw.nsw.gov.au/decision/549f9f1a3004262463b28590"
 },
 "female": {
  "case": "Regina v Colgan",
  "citation": "Regina v Colgan [1999] NSWCCA 292",
  "court": "New South Wales Court of Criminal Appeal",
  "date": "1999-09-15",
  "charge": "Armed robbery and attempted armed robbery in company",
  "outcome": "Leave to appeal granted, appeal dismissed",
  "sentence": "2 years for armed robbery with a non-parole period of 1 year; 1 year concurrent for the attempt",
  "facts": "With accomplices robbed a Mobil service station in Berowra in a stolen car, armed with a long knife. Took part in an attempted armed robbery in company at a service station in Lisarow. She was 18, having earlier given her age as 15. She pleaded guilty (paras. 3, 4, 6, 14).",
  "source": "https://www.caselaw.nsw.gov.au/decision/549f9d943004262463b217bc"
 },
 "law": [
  "Criminal Code s. 718.2(b)",
  "Charter s. 15",
  "Charter s. 28"
 ],
 "after": "",
 "added": "2026-10-17",
 "evidence": {
  "male": {
   "offender_name": {
    "value": "Hoai Vinh TRAN",
    "quote": "REGINA v Hoai Vinh TRAN",
    "para": ""
   },
   "offence": {
    "value": "Armed robbery",
    "quote": "The respondent pleaded guilty on 28 April 1998 to one count of armed robbery (s97(1) Crimes Act 1900).",
    "para": "2"
   },
   "criminal_code_sections": {
    "value": "s97(1) Crimes Act 1900 (armed robbery); also taken into account on Form 1: s25(1) Drug Misuse and Trafficking Act 1985 and s527C Crimes Act 1900",
    "quote": "one count of armed robbery (s97(1) Crimes Act 1900)",
    "para": "2"
   },
   "plea": {
    "value": "Guilty",
    "quote": "The respondent pleaded guilty on 28 April 1998 to one count of armed robbery",
    "para": "2"
   },
   "sentence": {
    "value": "Appeal allowed; sentence substituted with a minimum term of penal servitude for 24 months and an additional term of 18 months, commencing from date of judgment",
    "quote": "one involving a minimum term of penal servitude for twenty-four months and an additional term of eighteen months",
    "para": "32"
   },
   "sentence_months": {
    "value": "42",
    "quote": "one involving a minimum term of penal servitude for twenty-four months and an additional term of eighteen months",
    "para": "32"
   },
   "crown_position": {
    "value": "Crown appealed the non-custodial sentence and contended it was manifestly lenient",
    "quote": "From that sentence the Crown has appealed under s5D Criminal Appeal Act 1912.",
    "para": "3"
   },
   "victim": {
    "value": "Video shop attendant",
    "quote": "who was threatened by a weapon which he was entitled to assume was a real pistol",
    "para": "13"
   },
   "criminal_record": {
    "value": "Prior convictions for possession of a shortened firearm, possession of a prohibited weapon, and possession of drugs; was on probation and a recognisance when the offence occurred; later further convictions",
    "quote": "He had prior convictions for the possession of a shortened firearm and for possession of a prohibited weapon",
    "para": "5"
   },
   "offender_age": {
    "value": "18",
    "quote": "The respondent was aged eighteen years at the time of the offence.",
    "para": "5"
   },
   "key_facts": {
    "value": "Armed robbery of a video shop in Greenfield Park with two co-offenders; replica handgun used; $660 taken from the till plus $150 and a visa card; robbery planned to obtain money for heroin",
    "quote": "The respondent produced a replica hand gun, pointed it at the attendant, and demanded that he open the till, from which $660 was removed.",
    "para": "4"
   },
   "aggravating": {
    "value": "Offence was pre-planned, offenders wore balaclavas, offence was particularly serious, and offender was on probation and a recognisance at the time; breach of rehabilitation opportunity",
    "quote": "the offence was pre-planned, balaclavas were worn by the offenders, and the respondent was on probation, and on a recognisance, at the time.",
    "para": "13"
   },
   "mitigating": {
    "value": "Youth (age eighteen), desire and steps to rehabilitate from drug addiction, offer of assistance against co-offenders, guilty plea, and compensation/restitution paid to the victim",
    "quote": "Three matters were, however, identified as constituting exceptional circumstances - the age of the respondent, his desire to rehabilitate himself",
    "para": "8"
   },
   "appeal_result": {
    "value": "Appeal allowed; respondent resentenced to the substituted sentence",
    "quote": "the appeal should be allowed and the respondent resentenced",
    "para": "24"
   }
  },
  "female": {
   "offender_name": {
    "value": "Danielle Colgan",
    "quote": "This is an application by Danielle Colgan for leave to appeal against sentences imposed upon her",
    "para": "2"
   },
   "offence": {
    "value": "Armed robbery and attempted armed robbery in company",
    "quote": "The applicant had pleaded guilty in the District Court to two charges, one of armed robbery and the other of attempted armed robbery in company.",
    "para": "3"
   },
   "plea": {
    "value": "Guilty",
    "quote": "The applicant had pleaded guilty in the District Court to two charges",
    "para": "3"
   },
   "sentence": {
    "value": "Penal servitude for two years on the armed robbery count, with a minimum term of one year (additional term of one year); concurrent fixed term of one year penal servitude on the attempted armed robbery in company count",
    "quote": "The learned sentencing Judge imposed upon the armed robbery count a sentence of penal servitude for two years, with a minimum term of one year",
    "para": "4"
   },
   "sentence_months": {
    "value": "24",
    "quote": "The learned sentencing Judge imposed upon the armed robbery count a sentence of penal servitude for two years, with a minimum term of one year",
    "para": "4"
   },
   "victim": {
    "value": "Service station attendant",
    "quote": "This person also yelled at the attendant to open the door.",
    "para": "6"
   },
   "offender_age": {
    "value": "18 (at time of offence per police facts; she had given a false age of 15)",
    "quote": "that she was in fact eighteen years of age and not fifteen as previously stated.",
    "para": "6"
   },
   "key_facts": {
    "value": "Offender, with co-offenders, committed armed robbery at a Mobil service station in Berowra using a stolen car, armed with a long bladed knife; also involved in an attempted armed robbery in company at Road Pantry service station, Lisarow",
    "quote": "at the time she was armed with a long bladed knife",
    "para": "6"
   },
   "aggravating": {
    "value": "Grave objective gravity of offences, which carry a maximum of 20 years penal servitude; armed robbery treated as serious requiring custody absent exceptional circumstances",
    "quote": "it needs to be said with emphasis, that they were grave offences",
    "para": "9"
   },
   "mitigating": {
    "value": "Tragic background, genuine and partly successful rehabilitation attempts, strong subjective case, and sympathetic consideration",
    "quote": "Her background has been a tragic one.",
    "para": "9"
   },
   "appeal_result": {
    "value": "Leave to appeal granted; appeal dismissed",
    "quote": "I would grant leave to appeal and dismiss the appeal.",
    "para": "14"
   }
  }
 }
}