An armed robbery committed with a real pistol in working order, even if unloaded, cannot be characterised as at the lower end of objective seriousness for offences under s 97(2) of the Crimes Act 1900 (NSW), given the breadth of implements falling within the definition of 'dangerous weapon' and the fear of death that presentation of a pistol engenders. The circumstances of a drug-dependent person with emotional problems committing armed robbery to pay off a debt are not exceptional so as to justify a non-custodial sentence.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.