The threatened use of force, being an element of robbery under s 94 of the Crimes Act 1900, cannot be treated as an aggravating factor under s 21A(2) of the Crimes (Sentencing Procedure) Act 1999, but the nature of the threatened violence (such as claiming to have a firearm) may be considered in assessing the objective seriousness of the offence. Where an offender suffers from a major mental illness such as schizoaffective disorder, an undiscounted starting point of 10 years for a s 94 robbery with a maximum penalty of 14 years may be manifestly excessive even where the offence is objectively serious.
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