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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter - Stabbing - Domestic

 

CaseTypePleaRecordSentenceAppealFacts

Bogunovich

(1985) 16 A Crim R 456

Provocation

Stabbing - domestic

PG 4y Bond Stabbed husband after long history of domestic violence. Night of killing V had struck offender outside club.

Philp

NSWSC

Abadee J

18.2.1991

Diminished responsibility

Stabbing domestic

Fight

PG 

MT 7y 6m

AT 2y 6m

 

Stabbed sister's de facto during fight. When threatened with spade handle retrieved knives from kitchen and inflicted 16 stab wounds - some degree of provocation

History of mental illness - schizophrenia - did not take medication

Whalen

NSW CCA

5.4.1991

Provocation

Stabbing - domestic

PG 

MT 5y

AT 3y

ADKilled husband with carving knife and axe - relationship had deteriorated - on day of killing verbally and physically abused by V

Peterson

NSW SC

22.5.1992

(Enderby J)

Provocation

Fight

Stabbing - domestic

PGunimportant

5y Bond

(PSC 5m)

 

Stabbed step brother in fight -element of self defence - V aggressively picked fight with offender - both been drinking - no premeditation.

History of violence at hands of step father and brothers.

Spencer

NSWSC

Mathews J 18.12.1992

Provocation

Stabbing - domestic

PGNil3y PD 

Killed de facto husband with single stab wound. - history of domestic violence - V physically and verbally abusing offender.

Fragile mental state.

Chayna

(1993) 66 A Crim R 178

Diminished responsibility

Young child

Stabbing - domestic

VG

 Murder

  

Conviction AA

manslaughter substituted:

 

MT 6y

AT 6y

Female invited sister-in-law to house and subjected her to 'frenzied attack', hiding body in backyard - later that night stabbed own daughter and left body in room for two days - stabbed second daughter two days later when she returned from camp.

Major depressive illness

Woolsey

NSWSC

Newman J

19.8.1993

Unlawful and dangerous

Stabbing - domestic

PGnil4y GBB History of domestic violence when V drunk - A assaulted during argument with V - picked up knife to scare V off and stabbed him.

Nguyen

NSW SC

Allen J

23.9.1993

 

(1995) 36 NSWLR 397

Fight

Stabbing - domestic

VGNil

MT 2y 3m

AT 9m

Conviction ADStabbed sister's brother in law during fight - argument over treatment of sister - no intent to do GBH - intended to show V could not continue to treat sister badly and to prevent continuation of fight.

Thomas

NSW SC

Dunford J

3.11.1994

 

Provocation

Fight

Stabbing - domestic

PGmal wounding and assaults

MT 3y 6m

AT 3y

 Stabbed sister's ex de facto - history of violence - sister raped by V - night of stabbing fight broke out between offender and V as V tried to approach sister.

Josifovski

NSWSC

Smart J

25.1.1995

Diminished responsibility

Stabbing - domestic

PG 

MT 6y 9m

AT 6y 6m

 

Stabbed wife 51 times after she refused to have sex with him - considered killing himself but taken to police by relatives

History of mental illness and paranoia – history of violent acts towards V and threats on her life - Yugoslav migrant.

Paranoid delusional disorder

Gilham

(25)

NSW SC

Abadee J

7.4.1995

Provocation

Stabbing - domestic

PGnil5y Bond 

Stabbed brother who had just killed their parents

Remorse. Excellent prior character and prospects for rehabilitation.

Quinn

(37)

NSW SC

Abadee J

28.4.1995

Unlawful and dangerous

Stabbing - domestic

PGMinor

MT 1y 1m 20d

AT 2y 5m

 

Stabbed brother - using knife to prepare breakfast when argument developed - parried knife in response to punch from V

Both chronically and severely mentally ill - forensic patient at time of sentence - Schizophrenic/bi-polar/ chronic schizo affective disorder

Simon

NSWSC

Bruce J

21.7.1995

Stabbing - domesticPG 

MT 2y

AT 3y

 Stabbed de facto husband during fight after day of drinking at hotel - history of domestic violence.

Barton

NSWCCA

28.7.1995

Diminished responsibility

Stabbing - domestic

PG

 

Sched:

Mal Wound

Ass

 

MT 8y

AT 8y

AA

MT 5y

AT 5y

During visit was attacked by elderly and mentally retarded neighbour with knife - responded by stabbing neighbour 24 times.

Intellectual (IQ of 67) and personality deficits meant inability to respond appropriately to attack

McIntyre

NSWSC

McInerney J

15.3.1996

Provocation

Stabbing - domestic

PGnil

MT 2y

AT 4y

 Stabbed de facto husband when he grabbed her hair - prelude on previous occasions to serious assault - relationship characterised by inhumane treatment of offender - consumed drugs and alcohol.

Varagnolo

NSWSC

McInerney J

21.3.1996

Unlawful and dangerous

Stabbing - domestic

PGmal wound but not relevant2y GBB 

Long history of violent relationship with V, including rape - night of killing violent argument, including assault on A's young daughter - picked up knife with intention of frightening V - stabbing occurred when V moved towards A.

Very deprived background – part Aboriginal - stolen generation

Edwards

NSWSC

Simpson J

2.8.1996

 

(1996) 90 A Crim R 510

Unlawful and dangerous

Stabbing - domestic

PG 3y PD

Crown AA

MT 18m

AT 18m

Female stabbed male lover during argument.

Care for third party not exceptional circumstances.

Khan

(1996) 86 A Crim R 552

Provocation

Stabbing - domestic

VGnil

MT 2y

AT 3y

Crown AA

MT 4y

AT 2y

Stabbed wife's lover - devout Muslim - delay between finding wife with lover and arming himself.

EJ

(49)

NSWCCA

1.4.1997

Diminished Responsibility

Stabbing - domestic

PG

 

2 x Att murder

nil

MT 12y

AT 6y

AA

MT 9y

AT 3y

Killed wife and attacked two daughters with tomahawk - in financial difficulties and concerned could not provide for family.

Manic depressive, bipolar affective disorder

Appleby

NSWSC

Ireland J

18.7.1997

Unlawful and dangerous

Fight

Stabbing - domestic

PGdishonesty and drugs

MT 3y

AT 3y

 Stabbed brother in fight with kitchen knife - single stab wound - intent to frighten - just woken from deep sleep and responding to argument between brother and girlfriend.

Lam

(40)

NSWSC [47]

Hidden J

20.3.1998

Unlawful and dangerous

Fight

Stabbing - domestic

VGminor assaults

MT 3

AT 2y

 Shared house with V - confrontation about V's unwelcome advances to A's girlfriend - V became aggressive and tried to take up knife - V grabbed knife first - multiple wounds as fight continued through house.

Bollen

(1998) 99 A Crim R 510

Unlawful and dangerous

Fight

Stabbing - domestic

VGminor

MT 4y 3m

AT 1y 3m

AA

MT 3y 4m

AT 1y 2m

 

HC leave refused 11.2.2000

A lived in flat above garage next to V's house - history of much antagonism - V and brother verbally abusing A - V later approached A who lunged and stabbed V - deliberate but reactionary action.

Young

(mid 30s)

NSW SC

Levine J

20.5.1998

Provocation

Stabbing - domestic

PG2 bonds, mal damage, assault

MT 3y

AT 3y

 

7 stab wounds to husband - V started assaulting offender in argument about wine consumption - A 'snapped' and went into frenzy - no premeditation

Stormy and volatile relationship - offender not passive, helpless victim - some prospects of rehabilitation.

Moore

NSWCCA

16.6.1998

Unlawful and dangerous

Stabbing - domestic

PGminor

MT 2y 11m 21d

AT 3y

AD

Stabbed de facto husband during violent argument - history of violence and alcohol abuse.

Aboriginal with violent past, including DV - suffers pancreatitis, PTSD, borderline personality disorder - truly remorseful - commenced rehabilitation.

Kennedy

(70)

NSWSC

Greg James J

30.6.1998

Unlawful and dangerous

Stabbing - domestic

PG 3y GBB 

Stabbed 78y husband once in stomach - died fourteen days later

Culpability affected by mental conditions including dementia – intoxication – poor health – abused by husband

Mitchell

(47)

NSWDC

Sides DCJ

11.12.1998

Unlawful and dangerous

Stabbing – domestic

PGminor

MT 9m

AT 27m

 

Aboriginal female stabbed de facto in leg during argument - severed artery and V bled to death - did not intend or believe serious injury would result - judgment impaired by intoxication.

Alcoholic with background of hardship and extreme disadvantage - remorse

Bryant

[1999] NSWCCA 181

Unlawful and dangerous

Fight

Stabbing - domestic

VG

(murder trial)

other offences not specified

MT 6y 6m

AT 3y 6m

AD

During struggle in kitchen V savagely and brutally stabbed in chest and head - other wounds in body.

History of heavy drinking - remorse.

Korhonen

(16)

[1999] NSWSC 933

Hulme J

 

(K)

[2000] NSWCCA 24

Diminished responsibility – Provocation

Juvenile

Stabbing - domestic

VGinsignificant4y GBBCrown AD

Stabbed man he had been staying with. - week before had been sodomised by V – element of provocation

Developmental delays and profoundly disturbed - appalling childhood - gross psychiatric disturbances - ill equipped to deal with stress

Positive evidence of rehabilitation

Tran

(37)

[1999] NSWSC 1146

Bell J

Substantial Impairment

Stabbing - domestic

VG 

MT 3y 6m

AT 2y 6m

 

Stabbed mother in law with scissors - wife stabbed in shoulder attempting to help - estrangement from wife caused primarily by V - had gone to house of wife to see her resulting in confrontation with V.

Excellent prospects of rehabilitation - severe depression

Howard

(31)

[1999] NSWSC 1228

Bell J

Provocation

Fight

Stabbing - domestic

VG – at murder trialone juvenile offence

MT 5y

AT 1y 6m

 

Stabbed neighbour during argument at offender's flat.

Good prospects of rehabilitation.

Sherry

(38)

[2000] NSWCCA 35

Unlawful and dangerous

Stabbing - domestic

VGlengthy but minor alcohol related record

MT 2y 6m

AT 2y 6m

Crown AA

MT 3y 6m

AT 2y 6m

Stabbed de facto wife during violent altercation.  History of volatile and violent relationship.  Stabbed wife below ear.

Alcohol problems.

Kennedy

[2000] NSWSC 109

Barr J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Stabbed de facto husband in chest once during confrontation.  Circumstances of offence unclear but history of extreme and cruel domestic violence - spontaneous offence

Genuine remorse; suicidal; violent childhood beaten first by mother then deceased.

Kirkwood

(63)

[2000] NSWSC 184

Bell J

Unlawful and dangerous

Stabbing - domestic

PGminor record

MT 12m

AT 18m

 

Aboriginal female had sexual relationship with V for 4-5 years - violent argument where V threw stool at A and threatened her with knife - A took knife and 'poked' V in chest.

Mildly intellectually handicapped; alcoholic; not prone to violence; health problems; carer for handicapped son.

Bryant

(31)

[2000] NSWSC 245

Dowd J

Diminished responsibility

Stabbing - domestic

VGnil for violence

MT 7y

AT 4y

 

Stabbed ex-girlfriend and cut her throat during argument - sentenced to concurrent 2 years for mal inflict GBH for assaulting male in face with baseball bat.

Long history of mental illness and drug addiction - delusional paranoid schizophrenic state

Fiu

(25)

NSWSC

Ireland J

1.6.2000

Diminished responsibility / provocation

Stabbing - domestic

VG at murder trialnil

7y

NPP 3y 6m

 

Stabbed lover when he told her he would not marry her and did not love her - provoked by fact that V used her for sexual gratification only.

High order of impairment to mental responsibility - depression

Attempted to kill self - West Samoan female. Genuine remorse – guilty plea to manslaughter rejected.

Jans

(55)

[2000] NSWSC 525

Grove J

Substantial impairment

Stabbing - domestic

PGNil

PSC 6m

4y GBB

 

Stabbed wife with kitchen knife - found by police threatening to jump off 12 storey roof - undiagnosed Huntington's Chorea disease caused V to become irrationally abusive to offender over long period of time.

Suffered major depressive episode at time of killing

Forgiven by 3 children and low risk of re-offending.

Sette

(31)

[2000] NSWSC 648

Barr J

Substantial impairment

Young child

Stabbing - domestic

PGnil2y suspended for 2y 

Female removed 1y son from adoptive parents during access visit, - stabbed him and hid body in dam - impulsive killing.

Significant depressive illness for long period of time and in dissociated state at time of killing

Forced into adoption by family. Support of family; remorse; rehabilitation.

Kelly

(30)

[2000] NSWSC 701

Barr J

Provocation

Fight

Stabbing - domestic

PGirrelevant

7y

NPP 3y 6m

 

Stabbed victim during altercation in kitchen - V started physical fight pushing offender to ground and causing wound to head - offender feared further assault may cause death because of brain injury he suffered in accident in 1994 - stabbed V seven times in chest and abdomen with fishing knife - intent to do really serious injury - culpability low.

Aboriginal - immediate assistance to victim, confession to police, genuine remorse

Ko

(26)

[2000] NSWSC 1130

Kirby J

Diminished responsibility / provocation.

Stabbing - domestic

PGNil

4y

NPP 18m

 

Stabbed husband 17 times. Married V after he sexually assaulted her.  Unhappy and violent marriage, V forcing offender to have abortion, and seeking divorce.  Offender isolated and suffering major depression.  Attempted suicide.

Exemplary life prior to offence, model prisoner, genuine remorse

Dally

(47)

(2000) 115 A Crim R 582

NSWCCA

Provocation

Fight

Stabbing - domestic

VGassault 21 years ago

MT 6y

AT 2y

AD

Stabbed flatmate once in chest during argument over accommodation arrangements.  Offender picked up carving knife and V stabbed when he starting pushing offender around.

Lonely life culminating in alcohol dependency.  Offence not pre-meditated.  Remorse.

Connolly

[2001] NSWSC 787

Dowd J

Substantial impairment

Stabbing - domestic

PG

(25%)

minor record

7y 6m

NPP 4y 6m

 

Stabbed wife after forming unfounded suspicion that she was unfaithful to him.  Suffering delusional disorder focussed upon perceived unfaithfulness of wife.  Had similar obsession with former wife.  Also intoxicated at time of offence.

Remorse - 25% discount for plea.

Pello

(40)

[2001] NSWSC 650

Hidden J

Substantial impairment

Stabbing - domestic

PGinsignificant

5y 6m

NPP 3y

 

Stabbed female sharing house with after V argued and abused other occupants of house for several hours.  Provocation assessed against background of stressful and exploitative environment of house.  Offence uncharacteristic.  Degree of provocation high - accepted provocation was relevant to culpability.

Unhappy childhood in West Timor - Miserable existence in Australia - Genuine remorse - Suffering psychiatric illness at time of offence - Isolation in gaol.

Potts

(34)

[2001] NSWSC 753

Hidden J

Substantial impairment

Stabbing - domestic

VG – murder trial

(20% for offer)

armed robbery, minor drug and violence, street offences.

7y

NPP 3y 9m

 

Stabbed father in frenzied attack.  Deeply affected by deaths of mother and two siblings. History of aggression during previous exacerbations of his illness

Schizophrenia

Bolt

(19)

[2001] NSWSC 747

Hidden J

 

(2001) 126 A Crim R 284

NSWCCA

Provocation

Stabbing - domestic

VG - murder trial

(25% for offer)

criminal record related to difficult background

5y 6m

NPP 2y 6m

Crown AA

6y

NPP 3y 6m

Stabbed mother to death.  Extremely dysfunctional childhood caused by violent and abusive treatment by mother.  Earlier in afternoon mother had ordered mentally ill daughter to leave house.  Offender subsequently lost control when mother verbally abused him and poked him in chest.  Degree of provocation high.  Unlikely to re-offend in this way.

Crown refused plea to manslaughter.  Needs much rehabilitation.  Genuine remorse.

Melrose

[2001] NSWSC 847

McClellan J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Aboriginal woman stabbed partner during violent argument – V had assaulted A earlier in evening – long term domestic violence - isolated by move to another town and became depressed.

Remorseful and severe psychiatric reaction to killing - significant suicide risk. 

Gardiner

(46)

[2001] NSWSC 1147

Whealy J

Provocation

Stabbing – domestic

Fight

PG

(12%)

Lengthy minor matters only

7y 11m

NPP 5y

 

Stabbed flatmate during argument over rent money.  V aggressive and abusive.  Stabbed V in neck.  Attempted to save V.

Special circumstances. No previous custody.

Murphy

(44)

[2002] NSWSC 150

Buddin J

Substantial impairment

Stabbing - domestic

PG

(25%)

nil

7y 6m

NPP 4y

 

Stabbed estranged wife's lover in their bed - provocation fell short of legal provocation but combined with SI to reduce sentence - spontaneous.

Major depressive illness

Devastated by marriage breakdown - Considerations of deterrence and retribution much reduced - Remorse - Good prospects of rehabilitation

Mabbott

(35)

[2002] NSWSC 502

Hidden J

Substantial impairment

Stabbing - domestic

PGlengthy record - summary

7y

NPP 3y 6m

 

Female - Stabbed step-brother in neck after being called a dog - Prior de facto relationship with victim characterised by violence - Suffering paranoid delusions since birth of youngest son and schizophrenic illness at time of offence

Improvement in mental condition - Chaotic life including drug addiction, turbulent relationships and prostitution

Whiting

(35)

[2002] NSWSC 827

Levine J

Unlawful and dangerous

Stabbing - domestic

PG

(1/3rd)

prior violence

5y 4m

NPP 3y

 

Stabbed de facto wife during domestic dispute - Both parties affected by alcohol - V initiated attack with beer bottle - Then approached offender with knife - During struggle offender took knife and V stabbed once

Relationship characterised by violence of part of both victim and offender - Suffering alcohol dependence and personality disorder - Genuine remorse - Strict protection

Lynch

(48)

[2002] NSWSC 1140

Whealy J

Provocation

Stabbing - domestic

PG

(15%)

Mansl

Mal Wound

record related to drug addiction, AOABH and DV

Manslaughter

7y 8m

NPP 5y 9m

Total:

8y 8m

NPP 6y 9m

 

Stabbed estranged wife and lover found in bed together - Killed male and charged with malicious wounding of wife - Build up of anger, distress, humiliation and jealousy over afternoon and evening - No intent to kill - Degree of provocation quite high

Remorse

Yeoman

(43)

[2003] NSWSC 194

Buddin J

Unlawful and dangerous

Stabbing - domestic

PGNil4y GBB 

Stabbed de facto husband of 25y once in heart - Both heavily intoxicated – not fully aware of actions due to effect of intoxication - element of provocation and long history of DV – stabbed V on previous occasion

Prior good character - Isolation caused by recent move - Grief over recent death of father - Effect of imprisonment on 5y old son - Genuine remorse - Excellent prospects of rehabilitation

Laures

(66)

[2003] NSWSC 785

Sully J

Unlawful and dangerous

Stabbing - domestic

PG

(mid-range discount)

Nil

8y

NPP 5y

 

Stabbed de facto wife once in chest during fight outside house – she had terminated the relationship against his wishes – after stabbing V, called 000 and then stabbed himself

Diabetic – close relationship with own adult children – special circumstances

Yu

(33)

[2003] NSWSC 1153

Wood CJ at CL

Unlawful and dangerous

Fight

Stabbing - domestic

PG

(towards upper range)

Nil

5y

NPP 2y 6m

 

Illegal immigrant from Korea – became involved in physical fight with acquaintance at offender's home – double stab wounds to abdomen – no intent to stab – also struck V to head five times with golf clubs – suffering intoxication aggravated by extreme sleep deprivation – V aggressive and threatening and refused to leave house

Vulnerable – good character evidence – isolation in gaol – high prospects of rehabilitation

Marlow

(27)

[2003] NSWSC 1130

Studdert J

Provocation

Stabbing - domestic

VG

(murder trial – 18% for offer)

Nil

9y

NPP 6y 9m

 

Fatal stabbing with kitchen knife in V's home – Extremely violent killing – Sexually assaulted by V on 16th birthday – Subsequent consensual sexual encounters - V attempted further sexual assault night of killing

Offer to plead to manslaughter

Mercy

[2004] NSWSC 472

Adams J

Unlawful and dangerous

Stabbing - domestic

PG

(25%)

Nil

4y 1m

NPP 2y 3m

(3m PSC)

 

Female - Stabbed de facto in back – Intent to frighten – Seeking to make stand in context of continuing physical and sexual abuse

Aboriginal with deprived and violent/sexually abusive childhood – Serious drinking problem –– diabetic – recent coronary by-pass surgery – 8 children, including one with V – has never been in paid employment

Muddle

(40)

[2004] NSWSC 403

Bell J

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Minor

6y

NPP 3y

 

Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender's home – V threatened to kill then forced way into house – Stabbed in upper back with knife - excessive self defence to introduce weapon

Genuine remorse – Reasonable prospects of rehabilitation

Clarke

(50)

[2004] NSWSC 1125

Barr J

 

[2008] NSWCCA 36

Provocation

Stabbing - domestic

VGLengthy record for dishonesty offences

8y

NPP 6y

AD

Stabbed neighbour after daughter complained of violent and heated argument – Intent to inflict GBH – Single thrust caused death – Opportunistic – Provocation not high – Mid-range seriousness

Moderate prospects of rehabilitation

Ward

(54)

[2005] NSWSC 266

Whealy J

 

(2006) 166 A Crim R 273

NSWCCA

Excessive self defence

Stabbing - domestic

VG

(murder trial)

Minor assault

7y

NPP 4y

AD

Stabbed male neighbour in throat with penknife used to open letters – V kicked offender with steel capped boots and punched him in head – not reasonable response to assault – history of poor relationship between neighbours

Immediate remorse – good character and good prospects of rehabilitation

Dunn

(60)

[2005] NSWSC 1231

Latham J

Provocation

Stabbing - domestic

VG

(murder trial – offer to plea made)

Nil

8y

NPP 5y

 

Stabbed female flatmate during argument – Long history of taunting by V – Intent to inflict GBH – Offence slightly above mid-range

Socially isolated – Organic brain damage due to alcoholism – Genuine contrition

Wetherall

(38)

[2006] NSWSC 486

Patten AJ

Substantial impairment

Stabbing - domestic

PG

(20%)

Minor

3y

NPP 18m

 

Female - Took knife to hotel and stabbed estranged de facto husband – Responding to daughter's allegation that V sexually assaulted her – V previously accepted possibility he had sexually assaulted daughter on earlier occasion while drunk – Provocation could be taken into account under s.21A(3) – not sufficient to come under s.23

Offender sexually abused by family members during childhood – Stress disorder – Immediate remorse – Mother to two daughters – Good character

Russell

(48)

[2006] NSWSC 722

Newman AJ

Provocation

Stabbing - domestic

PG 

6y

NPP 3y

 

Female – stabbed de facto husband during confrontation – history of domestic violence – intent to inflict GBH

Mildly intellectually handicapped – difficult personal; life – brain injury from accident

Jukes

(20)

[2006] NSWSC 1065

Hoeben J

 

[2008] NSWSC 126

Hoeben J

Unlawful and dangerous

Stabbing - domestic

PGNil

2y

NPP 12m

suspended

 

 

 

On breach of suspended sentence

2y

NPP 12m

 

Female – stabbed mother's boyfriend during confrontation in kitchen – instinctive act – single stab wound – low range culpability

Unfortunate background – mother to 5 children – youngest child disabled – immediate remorse – 90d PSC – 2y 6m rigorous reporting

Sentence subsequently breached after commission of further offence of BES, failure to comply with reporting and counselling conditions and continued amphetamine addiction – pregnant at time of re-sentence

Cavanough

(22)

[2007] NSWSC 561

Whealy J

Unlawful and dangerous

Stabbing - domestic

VG

(murder trial – 10% for offer)

 

8y 2m

NPP 5y

 

Female stabbed male de facto during domestic argument – spontaneous act – element of provocation – history of disputes – suffering depression and anxiety

Aboriginal with deprived and violent childhood – sexual abuse – drug and alcohol addiction – functioning at borderline level – mother to 2y child – remorse – prospects of rehabilitation

King

(18)

[2007] NSWSC 1134

Fullerton J

Excessive self defence

Fight

Stabbing - domestic

PG

(25%)

Nil

4y

NPP 22m

 

Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness

Good character – Long term relationship with young child – Nearly 2 years PSC - remorse

York

(31)

[2007] NSWSC 1470

Adams J

Unlawful and dangerous

Fight

Stabbing - domestic

PG

(20%)

 

5y

NPP 3y

 

Stabbed male during argument with neighbours in caravan park – element of self defence – impulsive offence – holding knife in hand because using it as eating utensil – low culpability

Good character – prospects of rehabilitation – citizen of UK

Turuta

(44)

[2007] NSWSC 1505

Mathews AJ

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Assault

Nil

7y

NPP 4y 6m

 

Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach

Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands

Stewart

(27)

[2008] NSWSC 563

Johnson J

 

[2009] NSWCCA 152

Excessive self defence

Stabbing - domestic

VG

(murder trial – 12.5% for offer)

Priors including violence

10y 6m

NPP 7y 3m

AD

Altercation between offender and V at house offender shared with mutual friend – asked by friend to leave - offender returned unannounced next afternoon – stabbed V 12 times with push dagger during punch up with V – armed with concealed weapon – intent to inflict GBH – high objective gravity

Discount for offer to plead guilty

Kennedy

(40)

[2008] NSWSC 703

Fullerton J

Unlawful and dangerous

Fight

Stabbing - domestic

VG

(murder trial – offered to plead)

Minor

6y

NPP 4y

 

Trivial argument with flatmate – struck back of head with heavy implement and stabbed once to back – no provocation – several acts of violence – no intent as result of intoxication (alcohol, drugs and pre-existing brain damage) – body found in unit after 27 days

Long term user of illegal drugs – genuine remorse – good prospects of rehabilitation

Ferguson

(36)

[2008] NSWSC 761

Barr J

Substantial impairment  / provocation

Stabbing - domestic

PG

(substantial)

Nil

7y

NPP 4y

 

Female entered sexual relationship with 22y male – unhappy relationship involving physical abuse, drug abuse and threats to kill – stabbed V during argument – impulsive and sudden offence – element of provocation

Major depressive disorder

Also suffering amphetamine abuse disorder – sexually abused as a child – remorse – prior good character

Podesta

(19)

[2008] NSWSC 1204

McCallum J

Substantial impairment

Stabbing - domestic

VG

(murder trial)

Assault police – breached bond – minor traffic

8y

NPP 5y

 

Mother received prank calls alleging to be from boyfriend suggesting he had infected her with HIV – confronted and argued with boyfriend – stabbed boyfriend multiple times – acting under delusional belief he would be assaulted by V's associates – previously assaulted by V in home invasion – impaired capacity to judge right from wrong – impaired capacity to control actions

Schizophrenia

Chaotic and dysfunctional family life

Stewart

(30)

[2008] NSWSC 1359

Mathews AJ

Unlawful and dangerous

Stabbing - domestic

VG

(murder trial – 15% for offer)

Nil

6y 4m

NPP 4y

 

Stabbed husband during argument at home – spontaneous offence – combination of personality disorder and intoxication meant no required intent – V stabbed outside 16y son's bedroom - volatile relationship

Offered to plead guilty to manslaughter – difficult and abusive childhood resulting in personality disorder and substance abuse – attempted suicide many times

Zeilaa

(73)

[2009] NSWSC 532

Howie J

Substantial impairment

Stabbing - domestic

PG

(25%)

Nil

4y 10m

NPP 2y 6m

 

Frenzied stabbing of 67y wife during argument over breakdown in relationship

History of verbal and physical abuse - dementia

Dowley

(41)

[2009] NSWSC 722

Hidden J

Substantial impairment

Stabbing - domestic

PG

(15%)

Disturbing record for violence

11y

NPP 7y

(12m FT – cumulative)

 

Stabbed de facto partner and slit throat – took ice the night before

Paranoid delusional disorder

Drug addiction – not taking medication prior to offence – some insight

Hevesi-Nagy

(52)

[2009] NSWSC 956

Grove J

Substantial impairment

Stabbing - domestic

VG

(murder trial – offered to plead)

nil

10y

NPP 6y

 

Female – With 14y son struck sleeping father of son with tomahawk – son armed with knife – offence planned over extended period - Impairment of self control only – son mentally ill – obsessed with keeping father from normal relationship with son

Delusional disorder of a persecutory nature substantially impairing capacity for self control

Good prospects of rehabilitation

Lovett

(21)

[2009] NSWSC 1427

Barr AJ

Provocation

Stabbing - domestic

VG

(murder trial)

Record for violence offences – breached conditional liberty

10y 8m

NPP 8y

 Aware V at house of estranged partner – returned to house, uninvited, at night, with knife – observed V and partner having sexual intercourse – stabbed V once in chest – assaulted V with garden stake, dragged him out onto lawn and kicked body

Worrall

(20)

[2010] NSWSC 593

Fullerton J

Substantial impairment

Stabbing - domestic

PG

(25%)

Nil

6y

NPP 4y 3m

 

Female stabbed 18y sister to death – difficult relationship characterised at times by physical fighting – purchased a knife prior to killing – stabbed sister in neck as she emerged from bathroom

Suffering serious hormonal condition requiring constant medication –medication caused obesity affecting self esteem and resulting in poor compliance with medication regime – mood disorder associated with non-compliance with medication prescribed for congenital adrenal hyperplasia

Prior good character - remorse

Doolan

(43)

[2010] NSWSC 615

Grove J

Unlawful and dangerous

Stabbing - domestic

PG

(20%)

Minor record – alcohol related

6y

NPP 3y 9m

 

Aboriginal female – stabbed partner – volatile relationship characterised by alcoholism and violence – both intoxicated – chased V with a knife who responded in joking manner – stabbed once in chest – failed to appreciate dangerous nature of knife – lower end of scale of seriousness

Distress and remorse – reasonably good prospects of rehabilitation

Duncan

(44)

[2010] NSWSC 1241

Hidden J

Unlawful and dangerous

Stabbing - domestic

PG

(15%)

Minor – PCA offences

3y

NPP 1y 4m

 

Female stabbed partner once in abdomen – V came home from party, pushed offender out of bed and started argument over text message – offender grabbed knife in fear he would continue assault – impulsive response in heat of argument - history of physical and verbal abuse – immediate remorse

Excellent work record in welfare area – excellent prospects of rehabilitation

Goundar

[2010] NSWSC 1170

Kirby J

 

[2012] NSWCCA 87

Provocation

Stabbing - domestic

VG

(murder trial – 17.5% for offer)

Breached bail

10y 8m

NPP 8y

AD

Stabbed male friend during confrontation at ex-marital home – angry because V had commenced sexual relationship with offender's estranged wife – planned confrontation although use of knife spontaneous – ferocious and sustained attack - placed in bath and left to die – intent to kill – disposed of body in bush with estranged wife – well above mid-range

Fijian Indian – drinking problem and adjustment and depressive disorder at time of offence – offered to plead guilty to manslaughter

West

(18)

[2011] NSWCCA 91

Unlawful and dangerous

Stabbing – domestic

Fight

PG

(25%)

Childrens Court – dishonesty, AOABH, driving

6y

NPP 2y

Crown AA

6y

NPP 3y

Stabbed brother of girlfriend during drunken argument at family gathering – single blow with scissors in heat of moment – not particularly forceful blow.

Intellectual disability – alcohol and cannabis abuse – just turned 18.

Quealey

(29)

[2011] NSWSC 42

Hall J

Unlawful and dangerous

Stabbing - domestic

VG

(murder trial)

Record - Breached bond

6y

NPP 3y 6m

 

Stabbed de facto husband in thigh during argument – single stab - V behaved in aggressive manner – unplanned offence

Both had chronic substance abuse problems – difficult and abusive childhood

Bugmy

(27)

[2011] NSWSC 357

McCallum J

 

Unlawful and dangerous

Stabbing - domestic

PG

(25%)

Breached parole for mal wounding of different de facto partner – appalling record of violence against de facto partners

8y 3m

NPP 5y 6m

 

Stabbed de facto partner in back – heavily intoxicated – use of weapon

Drinking problem – breached condition of parole not to drink – breached apprehended violence order - psychosocial deprivation, alcohol and cannabis dependence, four year history of petrol sniffing and very low intelligence

Vulovic (No.4)

(53)

[2012] NSWSC 212

Johnson J

 

[2012] NSWCCA 340

Provocation

Fight

Stabbing - domestic

VG

(murder trial)

Record including assault

9y

NPP 6y

AD

Stabbed male acquaintance during violent argument in offender's house – both parties intoxicated - provocative words and violence from V – offender partially strangled – intent to inflict GBH – substantial level of objective gravity

Reasonable prospects of rehabilitation

Singh

(22)

[2012] NSWSC 637

McClellan CJ at C

Provocation

Stabbing - domestic

VG

(murder trial – 25% for offer)

nil

8y

NPP 6y

 

Cut wife's throat with a Stanley knife during argument by ferocious attack -– during argument verbally abused by brother-in-law on telephone and V – V threatened to leave and have offender kicked out of country - married in India so both could move to Australia – long history of martial disharmony and violence – brutal and violent attack

Immature with no family or friends for support – offered to plead guilty – suffering psychiatric disorder at time of offending – good prospects of rehabilitation

Won

[2012] NSWSC 855

Fullerton J

Provocation

Stabbing - domestic

VG

(murder trial – 25% for offer)

Nil

7y 6m

NPP 5y

 

Stabbed male acquaintance in arm severing arteries – stab wounds to back, chest and abdomen – found V having sex with offender's wife – intent to kill

25% discount for offer to plead guilty to manslaughter rejected by Crown - Korean – exemplary character

Chen

[2012] NSWSC 1000

Schmidt J

Substantial impairment

Stabbing - domestic

PG

(25%)

 

6y 9m

NPP 3y 9m

 

Female fed ex-partner soup with sleeping tablets – stabbed sleeping V causing serious injuries to penis and severing arteries – history of emotional manipulation, cruelty towards son and dishonesty – panicked in repose to threats to take son

Suffering depressive disorder

Seymour

(24)

[2012] NSWSC 1010

Price J

Excessive self defence

Stabbing - domestic

VG

(murder trial)

minor

6y 6m

NPP 3y 6m

 

Female stabbed mother in arm as act of excessive self defence – V bled to death - History of verbal and physical abuse by V against offender – V a drug user – deliberate stabbing – failed to assist deceased but unaware could bleed to death – spontaneous offence

Deprived and dysfunctional childhood – suffering depression at time of offence

JC

(17)

[2012] NSWSC 1393

Barr AJ

Unlawful and dangerous

Juvenile

Stabbing - domestic

PG

(modest)

nil

5y 6m

NPP 3y

 

Female – stabbed 16y brother of de facto at offender's flat – reason for killing unclear – spontaneous offence

Troubled background – drug and mental health problems – probably in dissociative state at time of killing – remorse – chronic physical illness

Pitt

(40)

[2012] NSWSC 1549

Latham J

 

[2014] NSWCCA 70

Substantial Impairment

Fight

Stabbing - domestic

PG

(20%)

minor

8y

NPP 6y

AA

5y

NPP 3y

V and offender shared offender's housing commission house – prolonged physical argument where police called on numerous occasions and AVO taken out on behalf of offender – police declined to remove V from house – offender stabbed V in heart

Lengthy history of mental illness - alcohol, persecutory beliefs concerning the actions of the victim, and untreated schizophrenia

Hollaway

(22)

[2013] NSWSC 218

Price J

Substantial impairment

Stabbing - Domestic

PG

(20%)

Record but no prison

5y 4m

NPP 3y

 

Female – staying at home of male acquaintance after time in psychiatric unit – responded to perceived threat by victim that he would rape or murder her – grabbed knife in house and stabbed victim several times – body not discovered for several months – victim had brain damage causing sexual and violent inhibition – element of provocation

History of mental illness – suffering psychosis – significant reduction in moral culpability – remorse – disrupted and abusive childhood including sexual abuse leading to early drug abuse

Hassan

(54)

[2014] NSWSC 280

Garling J

Provocation

Domestic - Stabbing

VG

(murder trial - 25% for offer)

nil

12y

NPP 9y

 

Stabbed wife multiple times during argument at family home – responding to low level verbal provocation – brutal and vicious assault on wife cowering under blankets in bed

Pleaded guilty to manslaughter before jury

Born in Sudan – relatively safe childhood – good character

Villalon

(27)

[2014] NSWSC 1261

Price J

 

[2015] NSWCCA 229

Substantial impairment

Stabbing – domestic

VG

(murder trial - 20% for offer)

nil

8y

NPP 5y 6m

7y 6m

NPP 5y 1m

 

(discount for offer to plead increased on appeal to 25%)

Attacked stepfather (V) – V abusive towards A (provocation) – A also concerned about V's inappropriate sexual behaviour towards A's sister – stabbed V and hit over head with hammer.

Provocation by V– remorse – unplanned offence.

Schizophrenia – low risk of re-offending.

Catley

(27)

[2014] NSWCCA 249

Substantial impairment

Stabbing - domestic

VG

(murder trial)

 

2 x animal cruelty

minor

11y

NPP 8y

 

Total:

12y

NPP 9y

AD

Assaulted mother and stabbed her twice during argument – killed two cats by slashing throats

 

Wang

(23)

[2016] NSWSC 222

RS Hulme AJ

Unlawful and dangerous

Stabbing – domestic

VG

(murder trial – 17.5% for offer)

Nil relevant

6y 6m

NPP 4y 6m

 

Good friend of victim and shared unit – after night of drinking in the unit with friends argued with victim – retrieved knife from room and fatally stabbed victim in leg – cause of argument unclear

Genuine remorse

Anderson

(39)

[2016] NSWSC 399

Hall J

Excessive self defence

Stabbing - domestic

PG

(20%)

Significant – includes violence – breached bail

12y 9m

NPP 9y 6m

 Stabbed estranged pregnant partner once in chest – forced entry into unit Victim visiting and scuffled with three female – pushed one female causing all to fall – Victim retrieved kitchen knife and approached offender – during struggle offender grabbed knife and stabbed Victim – high criminality – extremely serious – intent to GBH

Parker (No.2)

(55)

[2016] NSWSC 813

Rothman J

Stabbing – domestic

Substantial impairment

VG

(murder trial - 25% for offer to plea)

Record for violence

7y

NPP 3y 6m

 

Female stabbed partner once in back – circumstances unclear – victim intoxicated and self-harming - below mid-range

Aboriginal with deprived and dysfunctional childhood - Severe cognitive deficits exacerbated by alcoholic abuse – involved in abusive relationships – profound remorse

Jenbare

(52)

[2016] NSWSC 1317

McCallum J

Substantial Impairment

 

Stabbing – domestic

 

 

PG

(25%)

Nil

9y

NPP 5y

 

Stabbed V female partner – A reacted to V making an arrangement of fake marriage between herself and her nephew so that he could live in Australia – A did not agree to the fake marriage as he was her husband and would have to make a false declaration – abandonment - stabbed V eight times.

Underlying condition of severe, post-traumatic stress disorder, depression and cognitive impairment as survivor of torture while political prisoner in Ethiopia and trauma in refugee camps.

Prior good character.

Tabalbag

(31)

[2016] NSWSC 1570

Mathews AJ

Provocation

Stabbing – domestic

VG

(murder trial - 25% for offer)

 

Sched:

AOABH

Nil

6y

NPP 4y 6m

 

Came home unexpectedly during day to find female partner have intercourse with male acquaintance – pursued male into bathroom and stabbed several times – spontaneous act – cut finger of female partner – slightly below mid-line

Prior good character – good prospects of rehabilitation – remorse – out of character

 

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