Sentences for armed robbery under s 97(1) of the Crimes Act 1900 (NSW) must reflect the Henry guideline range of four to five years for the characteristic offence, and any significant departure requires articulated justification. Where an offence under s 97(2) involves use of a gun, planning, a large amount taken, and commission while on bail, the objective criminality is significantly above the Henry range. Sentencing judges must identify the appropriate sentence for each individual offence before considering totality (Pearce), and commission of offences while on bail is a serious aggravating feature that must be adequately reflected in the sentence.
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