The R v Henry guideline judgment for armed robbery applies as a guide to sentencing for robbery in company under s 97(1) of the Crimes Act 1900 (NSW), as the guidelines are indicative only and the offences carry the same maximum penalty. A sentencing judge does not breach the De Simoni principle by taking into account the presence of a weapon when sentencing for robbery in company, because armed robbery under s 97(1) does not carry a greater maximum penalty than robbery in company. It cannot be asserted as a general proposition that armed robbery is more serious than robbery in company.
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