A sentence of five years penal servitude (minimum three years) for armed robbery under s 97 of the Crimes Act 1900 (NSW) is within the proper discretionary range even where the offender played a lesser role in a joint enterprise, having regard to the R v Henry guideline range of four to five years for a typical case. Where a trial judge sentences on an incorrect factual basis, the appellate court may still decline to intervene if the sentence is within the proper range on the correct basis. Appellate counsel must verify the factual basis for appeal grounds from the full trial transcript before advancing serious assertions about the conduct of the trial.
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