The R v Henry sentencing guideline for robbery offences applies mutatis mutandis to the offence of assault with intent to rob in company under s 97(1) of the Crimes Act 1900 (NSW), because Parliament classified it as a robbery-type offence with the same maximum penalty. R v Cross does not stand as authority against this proposition. Aboriginality-related social disadvantage, while a relevant sentencing consideration, requires evidence linking the disadvantage to the offending conduct to attract marked weight in mitigation, and repeated criminal offending cannot be excused by repeated appeals to a disadvantaged background.
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