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Public Defenders

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

 

Manslaughter – Domestic Assault

 

CaseTypePleaRecordSentenceAppealFacts

Low

(1991) 57 A Crim R 8

Diminished responsibility / Provocation

Assault - domestic

VG Bond

Crown AA

MT 2y

AT 2y

Killed fiancée with claw hammer after she first attacked him - brain damage as result of attack by V with hammer

Harris

NSWSC

Abadee J

7.3.1991

Unlawful and dangerous

Assault - domestic

PGno violence, drug related

MT 5y

AT 1y 8m

 

Punched and kicked de facto in street because she kept falling over (intoxicated).

Alcohol problem for both A and V.

Shephard

NSWCCA

15.7.1991

Diminished responsibility

Assault - domestic

PGNil significant

MT 4y

AT 16m

AD

Killed wife with hammer.

No previous violence towards wife - brain damage resulting from alcohol abuse

Bailey

NSWSC

Hunt J

18.9.1991

Unlawful & dangerous

Drowning / Assault - domestic

 minor

MT 3y

AT 1y

(discount for assistance)

 

Co offender Norton convicted of murder - assaulted flat mate on beach and dragged him to water - died from drowning.

Alcoholic - 33% discount for assistance to authorities.

Moore

NSW CCA

4.11.1991

Assault - domesticVGpriors

MT 5y

AT 1y 8m

AD

Killed de facto by punching or elbowing.

Aboriginal and intoxicated at time.

Vaughan

(1991) 56 A Crim R 355

Young child

Assault - domestic

PG

 

Mal inflict GBH

nil

MT 2y 6m

AT 9m

Crown AA

MT 3y 6m

AT 18m

Young father killed 5 month old child - threw child into lounge from shoulder height several times in response to child's continual crying. Broke child's arm two weeks earlier.

Ditfort

NSW CCA

17.3.1992

Young child

Assault - domestic

PGminor

MT 7y 11m

AT 2y 6m

ADMale punched de facto's child in stomach and head in response to her whingeing - failed to obtain medical assistance - placed child in bed and left house.

Keceski

(33)

NSWCCA

10.8.1993

Diminished responsibility

Assault - domestic

VGno significant

MT 10y

AT 3y 4m

AD

 

Special leave to HC refused

Broke into house and bashed ex girlfriend to death with glass decanter

Depressive illness

Vangelder

NSW CCA

28.2.1994

Unlawful & dangerous

Young child

Assault - domestic

VGnil

MT 3y

AT 2y

AD

Female baby-sitter killed 4 month old baby by shaking - mistreated baby previously for 'misbehaviour'.

Low intelligence.

Haynes

NSW SC

Studdert J

25.3.1994

Diminished responsibility

Young child

Assault - domestic

PGdriving offence

MT 6y

AT 6y

 

Strangled and suffocated daughter and step-daughter during access after argument with estranged wife - children told him they could not see him again and had been subjected to sexual abuse

Obsessive personality and depressive disorder - news from children triggered catastrophic depression

Forsyth

(20)

NSWSC

Finlay J

26.7.1994

Diminished responsibility

Assault - domestic

PG 

MT 4y

AT 4y

 

Bashed / strangled girlfriend's mother

Brain damage as result of assault - loss of self control

Cutmore

NSWSC

Hunt CJ at CL

27.7.1994

Young child

Assault - domestic

PGno violence

MT 15m

AT 21m

 Male killed de facto's 11 month old nephew - child whingeing after falling out of cot - smacked child across the head once.

Pavia

NSW CCA

9.12.1994

Provocation

Assault - domestic

VGnil

MT 9y

AT 3y

AA

MT 7y

AT 3y

 

Special leave to HC refused

Intense but turbulent homosexual relationship with V - bashed V with barbell and statuette - previous assaults on V.

Nelson

NSW CCA

25.6.1996

Provocation

Assault - domestic

PG 

MT 8y

AT 6y

AA

MT 6y

AT 4y

With brother bashed boarder in house, believing he had molested her daughter - assaulted at house, then taken to deserted country area and brother continued assault with metal baseball bat - Brother pleaded guilty to murder.

Grierson

NSWCCA

28.10.1996

Diminished responsibility

Young child

Assault - domestic

PGno relevant convictions

MT 3y

AT 3y

 

Mother threw child across room - one-off episode

Borderline personality disorder

Carlson

NSWCCA

25.11.1996

Diminished responsibility

Assault - domestic

PGlong record, bond for DV

MT 11y

AT 5y

AD

Assaulted de facto wife - substantial number of blows - violent relationship characterised by alcohol abuse - some provocative statements from V prior to attack.

Permanent brain damage from car accident and alcohol - reduced self control

Isaacs

(24)

(1997) 41 NSWLR 374

(1997) 90 A Crim R 587

Provocation

Assault - domestic

VGnil

MT 5y

AT 4y

ADWoke and beat violent flatmate with dowel.

Wilson

(19)

NSWSC

B-Parker

19.12.1997

Assault – domestic

Young child

VG at murder trialMinor

MT 3y

AT 4y 6m

 

Angered at crying of 2m daughter – slapped her to face then shook vigorously causing almost immediate death

Physically abused by mother and sexually abused by step-father – prospects of rehabilitation with aunt in Canada

Williams

NSWSC

Adams J

30.11.1998

 

NSWCCA [136]

14.4.2000

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

prior assault on mother

MT 6y

AT 2y

AD

Struck frail and elderly mother about face and head at home while intoxicated.

No significant remorse or contrition.

Murdoch

NSW CCA

10.12.1998

Young child

Assault - domestic

PG 

MT 10y

AT 5y

ADMale angered when de facto's 3y son dirtied clothes - blow to abdomen and forced child to have cold shower - few factual details.

Robson

[1999] NSWSC 855

Barr J

Unlawful and dangerous

Assault - domestic

PGassault, minor drugs

MT 3y

AT 2y

 

Assaulted V in company to "teach him a lesson" for taking wife's car and damaging it - V had lived with A and his wife for a time.

Intoxicated - good prospects of rehabilitation - married with large and supportive family - since the offence has become a heroin addict, but on methadone and attempting to overcome habit.

Dawney

(30)

[1999] NSWSC 944

Barr J

Substantial Impairment

Young child

Assault - domestic

PGnil

MT 5y

AT  3y

 

Mother smothered 3y daughter - father of child taking Family Court action to gain custody.

Violent upbringing - history of sexual abuse - major depressive illness - borderline and schizotypal personality disorder - stresses at time of offence

Nguyen

(mid 40s)

[1999] NSWCCA 333

Unlawful and dangerous

Assault - domestic

PG

 

Sched:

Discharge firearm

nil

MT 6y

AT 4y

AD

Went to ex-girlfriend's house armed with rifle to confront her about money owing - tied up sister and mother - siege developed when police arrived and gunfire exchanged - mother died from asphyxiation caused by being gagged and rib broken.

Also sentenced for kidnapping and maliciously discharge rifle.

Nardoni

(26)

[1999] NSWSC 1097

Grove J

Unlawful and dangerous

Assault - domestic

PGassault, mal injury, nuisance offences

MT 2y

AT 3y

(PSC 1y)

 

Assaulted de facto wife - died of head injuries next morning.

Violent relationship - alcohol and drugs.

Wilson

(40)

[1999] NSWSC 1235

Newman J

Unlawful and dangerous

Drowning / Assault - domestic

PGNil3y GBB 

Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against A's girlfriend - father violent record, on bail for conspiracy to murder.

Good character, including service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence.

Wang

[2000] NSWSC 447

Adams J

Substantial impairment

Assault – domestic

Young child

PGnil

6y

NPP 4y

 

Female strangled husband and poisoned 1y daughter.  Attempting to kill self when found by police.  Accidentally killed husband trying to keep him from preventing her killing herself and daughter.

Severe depressive illness - daughter suffering from cerebral palsy and worried no one would look after her.

Howard

(26)

[2000] NSWSC 876

Studdert J

 

[2001] NSWCCA 309

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

previous convictions including assault on 7 week old daughter

7y 6m

NPP 5y 6m

AA

Length of sentence confirmed but backdated to take into account PSC

Severe shaking of 8 month old son of de facto.  No pre-meditation but lost temper at time of offence.  Previous shaking of daughter should have heightened awareness of consequences of shaking.

Strict protection.

Bateman

[2000] NSWSC 867

Barr J

Substantial impairment

Assault - domestic

PGnil5y GBB 

Male killed wife of 51y bashing her to death with hammer while asleep.  Both husband and wife ill, and he suffered major depression after house damaged by hailstones.

Deep remorse.  Condition of bond to continue with treatment program.

Vandersee

(47)

[2000] NSWSC 916

Provocation

Assault - domestic

VG

(murder trial)

nil

8y

NPP 5y

 

Bashed sleeping husband to death with blunt end of a tomahawk or axe.  Provoked by domineering, controlling and cruel behaviour of V over many years.  Medium degree of provocation.

Suffering mild depression at time of offence.  Made immediate admissions to police.

Bilton

(32)

[2000] NSWSC 1113

Bell J

Unlawful and dangerous

Assault – domestic

Young child

VGnil relevant

7y

NPP 4y 6m

 

Punched two year old son of de facto in chest then severely shook child when child gasping for breath.  Angered by child's crying.  Also sentenced for 2 counts AOABH for throwing tube of ointment at child.

Not living with child and mother, limited intellectual ability, remorse, threatened in custody.

Munro

(20)

[2000] NSWSC 1225

B-Parker AJ

 

[2001] NSWCCA 187

Unlawful & dangerous

Assault – domestic

Fight

VG at trial for murderMinor

3y

NPP 11m 28d

Conviction AD

Bashed male neighbour to death with cricket bat.  V and brother approached offender's house in early hours of morning and attempted to assault offender with cricket bat.  Offender obtained bat in struggle and hit V several times on verandah and on ground.  No longer acting in self defence when fatal blows inflicted.

Suffering severe epilepsy; acting in protection of self and home.

Recalde

(23)

[2000] NSWSC 1247

James J

Young child

Assault - domestic

PGprior convictions including assault on 13 year old child

9y

NPP 6y

 

Killed 6 months old son of de facto.  Threw baby onto kitchen bench after scalding self with boiling water.  Water being boiled in preparation for shot of heroin.  Earlier in evening baby burnt on forehead when offender accidentally knocked over lamp while under influence of heroin.  Failed to obtain medical assistance.

Three months PSC; strict protection; remorse; youth; some prospects of rehabilitation.

Hawkins

(76)

[2001] NSWSC 420

O'Keefe J

Substantial impairment

Assault - domestic

PGnil

3y

NPP 2y

 

Strangled wife of nearly 50 years to death.

Depression - adverse reaction to overdose of Zoloft (anti depressive medication)

Offence completely out of character - excellent personal and family history - remorse - voluntarily surrendered to police - considered suicide but concerned about effect on daughter.

Woodland

(20)

[2001] NSWSC 416

Wood CJ at CL

Unlawful and dangerous

Young child

Assault - domestic

PGnil

8y

NPP 5y

 

Killed 2y son by forcefully ramming head into refrigerator.  Very young and immature parents living in stressful circumstances with mother's parents.

Evidence of prior good character.  Past problems with anger and aggression.

Fox

(33)

[2001] NSWSC 573

Grove J

Unlawful and dangerous

Assault - domestic

PGno prior convictions

5y

NPP 2y

 

Female - attempted to wake up de facto by kicking him in head - intoxicated at time - shoeless – no recollection of events

Aboriginal or Pacific Islander - life of considerable tragedy - lifetime addiction to alcohol - truly remorseful - needs further assistance before release

Bartlett

(51)

[2001] NSWSC 685

Hidden J

Substantial impairment

Assault – domestic

Fight

PGnil

8y

NPP 4y

 

Struck V with a hammer several times during altercation in boarding house room.

Personality disorder with schizotypal traits and chronic depression

Cooper

(21)

[2001] NSWSC 769

Simpson J

Infanticide

Young child

Assault - domestic

PG 4y GBB Female - Smothered 7 month old daughter.  Also mother of 2 years old at time of killing.  Difficult and abusive childhood - suffering depression prior to and after birth of all children - unable to cope with responsibility.

Laupama

(29)

[2001] NSWSC 1082

Bell J

Substantial impairment

Assault - domestic

Young child

PG

 

Kidnapping

assault

12y

NPP 8y

 

Hung de facto wife's five year old daughter in noose from pergola following separation from de facto.

Major depressive illness (additionally diagnosed PTSD, social phobia, substance dependence). Sexually assaulted as child.

Ladd

(41)

[2001] NSWSC 1055

James J

Provocation

Assault - domestic

PGmurder, AOABH

10y

NPP 7y

 

Saw friend in bed with offender 9y son.  Struck V with wine bottle over head and punched him several times in head

Single parent of no fixed abode – binge drinker – served 8 years for murdering an Aboriginal woman in WA in 1977 – almost completed a science degree while in custody – anger management issues

Lever

(36)

[2001] NSWSC 1131

Bell J

Diminished responsibility

Assault - domestic

VG

(murder trial)

prior serious assaults on wife although lengthy gap until onset of illness

10y

NPP 6y

[8m PSC]

 

Bashed wife to death inflicting 200 blows.  Used body, strap and baton to inflict blows.  Severe and horrific assault.  Suffering from delusional disorder.  Intent to inflict GBH.

Called ambulance and by that time was grieving and contrite.  Aboriginal with excellent standing in community.  Much hope for rehabilitation.

Byrne

(33)

[2001] NSWSC 1164

Dunford J

Unlawful & dangerous

Young child

Assault - domestic

PG 

8y 6m

NPP 6y

 Mother killed 5y son under stress of being parent.  Multiple injuries – burning and bruising.  Left child uncovered in cold bathroom in middle of winter. Refrained from seeking medical treatment until too late.

Webb

[2002] NSWSC 618

Hulme J

Unlawful and dangerous

Young child

Assault - domestic

PGAR, driving

7y 6m

NPP 4y 6m

 

Struck 8 month old baby daughter.  At home alone with 5 children under 6 while wife went out shopping.

Unsettled upbringing.  Aboriginal background.

Tindall

(35)

[2002] NSWSC 1108

Hidden J

Provocation

Assault - domestic

PGminor assault matters

5y 6m

NPP 2y 6m

 Assaulted brother with hammer over head - V acquitted of murder of father - Offender chief Crown witness - Subsequent to trial V harassed offender for 5 months with physical abuse and threats - Grave and cumulative provocation

Tran

(25)

[2003] NSWSC 373

Greg James J

Unlawful and dangerous

Assault - domestic

PGNil

5y

NPP 2y 3m

 

Went to bed with partner – Both intoxicated – Killed partner during night – Possibly suffocated – Verging on automatism due to intoxication and sleep disorder – Vague as to details – Disposed of body – Lower end of culpability

Prior good character – Good prospects of rehabilitation – Vietnamese

Marshall

(22)

[2003] NSWSC 448

Adams J

Unlawful & dangerous

Young child

Assault - domestic

VG

(murder trial)

 

6y

NPP 3y 6m

 

Shook 9m son of girlfriend – Minding child while mother at work – Unthinking, momentary anger – No history of abuse

Low intelligence – History of behavioural problems  - Protective custody  - Remorse and contrition

McNamara

[2003] NSWSC 429

Hidden J

 

[2004] NSWCCA 42

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

AOABH and mal inflict GBH (de facto) – on bail

9y

NPP 6y 6m

Crown AD

Killed mother by brutal assault – history of arguments over estranged de facto and access to children

Risk of re-offending

Scott

(41)

[2003] NSWSC 627

Whealy J

Excessive self defence

Assault - domestic

PGMinor/irrelevant

5y

NPP 2y 6m

 

Hit de facto husband on head 5 times with heavy iron – V threatened offender with knife – Buried body in backyard and claimed de facto left

Suffering depressive illness at time of offence – Would have responded to threat with acute and intense emotions of fear, anxiety and apprehension – Prospects of rehabilitation

Monroe

(30)

(2003) 149 A Crim R 478

NSWSC

Unlawful and dangerous

Assault – domestic

Young child

PGPriors including assault

7y 6m

NPP 4y

 

Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated

Depression and heart condition – protective custody

KMB

(32)

[2003] NSWSC 862

Bell J

 

[2005] NSWCCA 185

Provocation

Assault - domestic

VG

(murder trial)

Nil

6y

NPP 3y 6m

AD

Female – Prolonged assault on Uncle – V admitted sexually interfering with offender's children – Intent to inflict GBH – V's mental health deteriorating – Offender caring for V

Mother to 3 young children – Prior good character – Good prospects of rehabilitation

Hoerler

(20)

[2003] NSWSC 1187

Miles AJ

 

(2004) 147 A Crim R 520

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PGMal damage, burglary, assaults

11y

NPP 8y 3m

Crown AA

14y 4m

NPP 10y 9m

Multiple injuries to 7m son of de facto – Punch caused lower teeth into roof of mouth – Punch to abdomen – Clamp to toes causing breaks – Died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Protective custody

Wilson

(30)

[2003] NSWSC 1257

Miles AJ

 

(2005) 62 NSWLR 346

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

VG

(murder trial)

Nil

9y

NPP 6y 11m

AA

6y

NPP 4y 6m

Fatal shaking to 2y foster son – Impact injuries to child inflicted earlier by husband – Shook child in frustration

Prior good character but troubled background – Deteriorating psychiatric condition – Protective custody

Walsh

(32)

(2004) 142 A Crim R 140

NSWSC

Howie J

Provocation

Assault – domestic

Fight

VG

(murder trial)

Lengthy record including violence

7y 3m

NPP 5y 6m

 

Became involved in violent struggle with male acquaintance staying at offender's premises – Struck V in head with hammer 8-9 times – V aggressive all evening – Substantial provocation – Body dismembered and dumped in river – Attempt made to cover offence

Poor health

Williams

[2004] NSWSC 189

O'Keefe J

 

[2005] NSWCCA 99

Provocation

Assault - domestic

VG

(murder trial)

Lengthy including violence

14y

NPP 10y 6m

AA

12y

NPP 9y

Bashed de facto wife with heavy metal weight lifting bar – low level of provocation – Hid body in bushland – Returned and re-hid body in another area

No remorse – future dangerousness

Dalton

(18)

[2004] NSWSC 446

Adams J

 

[2005] NSWCCA 156

Unlawful and dangerous

Assault – domestic

Young child

PGNot stated

7y

NPP 3y 3m

Crown AA

9y

NPP 4y 6m

Forced head of 23m child of de facto against window – Threw child on mattress – Severe head injury – Continuous abuse over long period

Aboriginal with childhood history of physical And emotional abuse – Borderline Personality Disorder

Dawes

[2004] NSWCCA 363

Substantial impairment

Assault – domestic

Young child

PGNil5y GBBCrown AD

Mother suffocated 10y autistic son – Suffering major depressive illness – Unable to obtain proper assistance or intervention – V very difficult to manage – Verbal and physical abuse by husband – Illness and death of family members – Step father physically abusing daughter – Made serious attempt at suicide

Depressive illness

Remorse and contrition – Evidence of rehabilitation with daughter

Daniels

(38)

[2004] NSWSC 1201

Hidden J

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

Minor offences – breached bond

8y

NPP 5y

 

Sustained assault on partner in home – forced head into wall causing brain injury

Mental health problems in custody

Hamoui [No.4]

(27)

[2005] NSWSC 279

Kirby J

Provocation

Assault - domestic

VG

(murder trial)

Serious offences involving violence – breached bail

11y

NPP 8y

 

Strangled girlfriend and left body in car –circumstances of killing not clear – V bound at some stage – intent to kill – gratuitous cruelty – V's relationships with other men probable provocation.

Physically and emotionally abused as a child – no contrition but evidence of rehabilitation in jail – resumed religious studies – engaged to sister of another inmate – possible mental illness

Nicol

(86)

[2005] NSWSC 547

Hulme J

Substantial impairment

Assault - domestic

PGNil

2y

NPP 1y

Suspended

 Assaulted wife with iron bar and asphyxiated with plastic bag – genuine attempt at suicide – intent to kill – elderly couple with many health problems - depression

Massei

[2005] NSWSC 1030

Adams J

 

[2006] NSWSC 1298

Adams J

Substantial impairment

Assault – domestic

PG – 25% 

5y 6m

NPP 2y 9m 14d

 

Killed wife – awoke during night and struck V with glass ornament – placed sufficient pressure on throat to break bone – doused V with accelerant and set fire to unit – probably cause of death suffocation or asphyxiation – V died before burned by fire

Suffering chronic and severe depression – Argentinian – separated from wife but on good terms – attempted suicide after lighting fire

Sentencing initially deferred

Percy

(36)

[2005] NSWSC 1244

Latham J

Unlawful and dangerous

Assault – domestic

PG

(15%)

Property and motor vehicle offences

9y

NPP 5y

 

V lured to home of acquaintance – repeatedly struck by offender causing death – legs and arms bound and body dumped in truck rest stop – assault in retaliation for belief that V had raped offender's partner's daughter and stolen property

Difficult childhood - drug and alcohol user – genuine contrition

HMF

(30)

[2005] NSWSC 1214

Latham J

Criminal negligence

Assault – domestic

Young child

PGRecord for property offences

5y

NPP 3y 9m

 

Mother scalded 8m daughter in bath – no medical assistance called – no intent to harm

History of drug abuse – suffering drug induced psychosis – judgment significantly impaired – genuine remorse

Tekley

 

 

 

Nagle

 

[2007] NSWCCA 75

Unlawful and dangerous

Assault – domestic

Accessory

VG

Mans

Unlawful impr

 

VG

Mans

Unlawful impr

 

6y

NPP 3y 9m

(FT 6m concurr)

 

5y

NPP 2y 9m

(FT 6m concurr)

Conviction AD

Sentence AD

 

 

Conviction AD

Flatmate became increasingly violent and threatening – Handcuffed to chair – fatally assaulted by T

Delay

Mundene

(19)

[2007] NSWSC 355

Howie J

Unlawful and dangerous

Assault – domestic

Young child

PGDishonesty – breached parole

6y 9m

NPP 3y 9m

(cumulative to revoked parole)

 

Male killed de facto's 7m son by shaking – isolated anger against crying child – warned he could injure child – breach of trust

Aboriginal with disrupted background – drug abuse – immaturity - remorse

Leach

(23)

[2007] NSWSC 429

Hulme J

 

(2008) 183 A Crim R 1

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

 

Sched:

2 x AOABH

Nil

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 6m

Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting V on head with hand

Intellectually disabled – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation

Stephenson

(43)

[2007] NSWSC 672

Hidden J

 

[2008] NSWCCA 266

Unlawful and dangerous

Assault - domestic

PGMinor

6y

NPP 3y 6m

AD

During verbal argument punched female partner to head with closed fist several times – spontaneous offences – both V and offender consumed drugs and alcohol during evening

Volatile and obsessive relationship – drug and alcohol abuse – offence out of character – prospects of rehabilitation - remorse

Schoultz

(23)

[2007] NSWSC 809

Barr J

Substantial impairment

Assault – domestic

Young child

PGNil

7y

NPP 3y 6m

 

Mother killed 9m daughter – shook baby and head struck against brick fireplace – unable to settle crying child – intent to do GBH – suffering depressive illness and possible other mental conditions exacerbated by cannabis use

Remorse – prior good character

Ferguson

(45)

[2007] NSWSC 949

Grove J

Unlawful and dangerous

Assault - domestic

PGNil relevant

5y 3m

NPP 4y

 

Fatal assault on de facto wife during physical argument – arguing for several days over V's abuse of prescription drugs – drug abuse made V more vulnerable to physical assault

Good character – very good prospects of rehabilitation – genuine remorse

Hansell

(31)

[2007] NSWSC 1136

Latham J

Excessive self defence

Assault - domestic

PGNil relevant

3y 4m

NPP 2y

 

After evening of drinking with friends V turned violent – V seriously assaulted offender's brother and wife – Offender held V around neck blocking airway – Intent to restrain not choke – Element of punishment and recklessness – Lower end of scale of seriousness

Good character – Married with daughter – Genuine remorse

Thurlow

(20)

[2007] NSWSC 1203

Mathews AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

Mans

Att pervert course of justice

 

Sched:

Att pervert course of justice

Record – mostly subsequent to offence

6y 9m

NPP 4y 3m

 

Female - Pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence

Traumatic childhood resulting in early drug addiction - remorse

Compton

(30)

[2008] NSWSC 204

Studdert AJ

Unlawful and dangerous

Assault – domestic

Young child

PGLengthy – assaults on de facto partners

9y

NPP 6y 9m

 

Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police

Intellectual disability

Frost

[2008] NSWSC 220

Barr J

Provocation

Assault - domestic

PGNil

6y

NPP 3y 6m

 Ex-wife visited from Philippines and asked to take youngest daughter back for purpose of prostitution – choked complainant – panicked and buried body – left trail suggesting complainant returned to Philippines

Zammit

(55)

[2008] NSWSC 317

Howie J

Unlawful and dangerous

Alcohol / fight

Assault - domestic

PGPriors including violence

6y 3m

NPP 4y

 

After night of drinking became angry with de facto and pushed her against refrigerator – V appeared injured but declined assistance – argument continued next morning and V thrown against cupboard – assistance again declined – died several hours later – fractured ribs and neck bone – V and offender both intoxicated

Alcohol abuse – childhood abuse- serious health issues

Stevens

(40)

[2008] NSWSC 1370

Hall J

Provocation

Assault - domestic

PGSome assault

8y 9m

NPP 6y 7m

 Killed de facto wife – spleen injury caused abdominal bleeding – evidence of other injuries – both had history of drug addiction – under influence of prescribed medication at time of killing – unpremeditated offence – low level of provocation from V's drug addiction and failure to properly care for children

Fisher

(36)

[2009] NSWSC 348

Adams J

Substantial impairment

Assault - domestic

PGMinor assaults

5y 6m

NPP 3y

 

Fatal assault of mother at home – circumstances and motive unknown – Some history of violence against mother when angry or intoxicated – Mother primary carer of offender after car accident caused major brain damage

Remorse limited by mental capacity – difficulty in prison – continued danger to community

Paddock

(78)

[2009] NSWSC 369

Rothman J

Substantial impairment

Assault - domestic

PGNil

6y

NPP 4y 3m

 

Suffocated 70y partner preparing to move out – attempted to kill self – mid-range – significant impairment

Paranoia and early dementia

GJL

(36)

[2009] NSWDC 167

Knox SC DCJ

Unlawful and dangerous

Assault – domestic

Young child

PGnil

6y

NPP 4y

 

Mother of 9w baby violently shook baby – using drugs – one off incident

Suffering long term psychiatric problems as a result of sexual assault and drug use

Nguyen (No.2)

(29)

[2009] NSWSC 1120

Hoeben J

Substantial impairment

Assault – domestic

Young child

VG

2 x mansl

nil

6y

NPP 4y

 

Vietnamese mother killed 5y son and 3y daughter – attempted to kill children with rat poison – suffocated both children then took poison herself – made several unsuccessful attempted at suicide - distressed at husband's infidelity and leaving relationship – severe depression – killings had an element of retribution although primarily altruistic

Severe depression

Genuine remorse

Gloginya

(41)

[2009] NSWSC 1435

McCallum J

Unlawful and dangerous

Assault - domestic

PGRecord for lesser offences of violence – no offences since 1998

7y 8m

NPP 4y 9m

 

Strangled 56y male – sharing residence and carer for V but had taken recent steps to end responsibilities – spontaneous offence – circumstances of killing unclear

Suffering brain injury

Gabriel

(64)

[2010] NSWSC 13

Price J

Provocation

Assault - domestic

VG

Mansl at murder trial

nil

9y 3m

NPP 6y 3m

 

Had offer to plead guilty to manslaughter rejected by Crown – struck wife to head with skutch hammer – history of arguments with wife and suspected infidelity on her part – degree of provocation not high – threatened by wife with knife – extreme degree of violence – element of self defence

Also suffering early dementia, depression and underlying conditions – remorse – poor health

Shepherd

(31)

[2010] NSWSC 154

RA Hulme J

Unlawful and dangerous

Assault – domestic

Young child

PGRecord including assaults

7y

NPP 4y 6m

 

Killed 4m son – had sole care of child after mother died – death caused by blunt force injury to head – accepted handling of child on occasion too rough on more than one occasion – threw child onto bed in frustration - no experience in caring for children and inadequate knowledge – caused fractured ribs on different occasion – offence in lower range

Difficult and traumatic childhood – suffering depression - strong remorse – good prospects of rehabilitation

Glanville

(27)

[2010] NSWSC 364

James J

Substantial impairment / excessive self defence

Assault - domestic

VG (at murder trial)Not significant

6y 8m

NPP 5y

 

Assaulted male acquaintance with baseball bat after V had forced entry into house – both intoxicated having been drinking together earlier – V had been loudly and abusively seeking entry to unit – weakened arm and frontal lobe damage influenced perception of threat – mental functioning so affected as to constitute substantial impairment of the mind - brain damage

Offered to plead guilty to manslaughter – mental health and drug problems

NLH

(18)

[2010] NSWSC 662

RA Hulme J

 

Co-offender:

PFC

Unlawful and dangerous

Assault – domestic

Young child

PGNil

4y 2m

NPP 2y 6m

 

Killed 7 week old baby – blunt force injury to head - young mother of V and toddler – post natal depression – domestic violence by partner towards V in past

Remorse – good rehabilitation prospects.

Cavanagh

[2010] NSWSC 670

Rothman J

Substantial impairment

Assault - domestic

VGnil

9y

NPP 5y

 

Strangled mother with extension cord - separated from wife and children – V loaned money to A to assist with keeping his home for children – A's home transferred into V's name – relationship between V and A deteriorated – V suffering from early dementia – A suggested they move into separate premises – V responded by saying A and his children could "get out of her house" – A attacked V – brutal killing – approaches worst category but not in worst category.

Major depressive illness from marriage breakdown and access to children – good character – good rehabilitation prospects – remorse.

LC

(32)

[2010] NSWSC 815

Hidden J

Unlawful and dangerous

Assault – domestic

Young child

PGManslaughter (diminished responsibility)– killed stranger at brothel – breached parole

14y 6m

NPP 10y 6m

 

Killed 13m stepson – Held baby around the neck and shaking and choking him violently – Threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - Prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse-

Sutton

(19)

[2010] NSWSC 1273

Adams J

Unlawful and dangerous

Assault – domestic

Young child

PGminor

4y

NPP 2y

 

Caused death of 6m daughter through improper handling that a reasonable person would have known carried appreciable risk of harm – nature of assault unclear – probably shaking - no prior violence – 'this act of violence was an isolated aberration inconsistent with the offender's character, in all likelihood a single unpremeditated act of momentary frustration and lack of control in ignorance of the potential for significant injury'

Remorse – very good prospects of rehabilitation – strict protection

Colley (No.4)

(18)

[2010] NSWSC 1475

Rothman J

Joint criminal enterprise

Unlawful and dangerous act

Assault - domestic

VGnil

4y 6m

NPP 16m

 

2 brothers told male V had assaulted sister – also suggestion sister had been raped – directed brother to V's home and waited outside during assault – offender entered house and pulled brother off attack – left house neither realising assault had killed V

Remorse and attempted suicide – suffering depression - prior good character – restrictive bail conditions

NR

(16)

[2011] NSWSC 280

Garling J

 

Unlawful and dangerous

Assault – domestic

Juvenile

VG

At murder trial

nil

7y 6m

NPP 4y 6m

 

Struck 19y male sitting chair in abandoned house from behind with piece of wood to head – angered at relationship between V and offender's ex-girlfriend – intended to have fistfight – picked up piece of timber close to entering house and while in distressed state of mind – became distressed prior to offence when realised close friend had died traumatically in area - unusual strength and hardness of wood not known to offender – intended to provoke fight not cause serious injury - panicked and refused to allow ambulance to be called for 30mins – offence involved a weapon and was committed in presence of others aged under 18y

Offer to plead to manslaughter rejected – 25% discount given – remorse – very good prospects of rehabilitation

Li

(22)

[2012] NSWSC 477

Adamson J

Unlawful and dangerous

Assault - domestic

PG

 

Mansl

Agg Rob

8 x Obtain money by deception

Nil

Total sentence:

12y

NPP 8y 6m

 

(Manslaughter:

10y 6m

NPP 7y)

 

V (63 year old male) had met with A for sexual encounters on various occasions – A met with V at V's home – V found days later bound and gagged in such a way that V had died by asphyxiation – A had beaten and bound V and left him abandoned – taken V's ATM cards – made number of withdrawals using V's ATM card totalling $7k – did not check to see whether V was alright.

Student from China - Support form family.

Braddon

(36)

[2012] NSWSC 662

Hidden J

Unlawful and dangerous

Assault - domestic

PGNot relevant

5y 6m

NPP 3y

 

Assaulted neighbour with piece of wood.

Mental illness Bipolar disorder – reasonable rehabilitation prospects.

Remorse.

McCann

(67)

[2012] NSWSC 1462

Barr AJ

Excessive self defence

Assault - domestic

PGNil

7y

NPP 3y 6m

 

Strangled V with nylon cord after argument – V was staying at A's house as a boarder – A disliked V and fearful of V – mental issues gave rise to increasingly erratic behaviour by A.

Depression / bipolar – prior good character.

Kain

[2013] NSWSC 638

Adams J

 

Unlawful and dangerous

Assault domestic

Strangled

PGNil

6y 9m

NPP 4y

 

Strangled mother following argument – had lived together – A immediately called his sister and confessed.

Offence out of character - A suffered dementia - state of mind likely to have prevented A from truly appreciating the likely outcome of his actions  - cognitive impairment caused by A's brain damage caused delay in processing information – dementia caused A to lose control in the extent of violence inflicted.

Special circumstances – alcohol addiction and dementia.

Salcedo

(24)

[2014] NSWSC 1099

Adams J

Unlawful and dangerous

Assault – domestic

VG

(murder trial)

15% discount for offer to PG

Record including low level violence – breached suspended sentence and bail

4y

NPP 2y

 

Pulled and twisted scarf on girlfriend as she tried to stop him leaving unit – caused compression of blood vessel but no other injury – moderate force only - no argument – victim highly intoxicated on amphetamines significantly contributing to death - very unexpected death – did not intend any harm – well within lowest range

History of psychotic symptoms and schizophrenia – drug use - reduced moral culpability and general deterrence but increased focus on personal deterrence

Bryce

(41)

[2014] NSWSC 1184

Beech-Jones J

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

Lengthy record including conviction for assault on former partner – breached bond

8y

NPP 6y

 

Assaulted female partner in their unit - subdural haematoma – no evidence as to how injury caused – offender did not realise assault dangerous – failure to obtain medical assistance aggravating factor although not aware injuries life threating

Dysfunctional people in dysfunctional relationship – history of violence by both parties

KJ

(27)

[2016] NSWSC 767

Harrison J

Criminal negligence

Assault – domestic

Accessory

Young Child

PG

(40%)

 

(see facts for additional offences)

nil

Manslaughter

12y

(20y undiscounted)

 

Aggregate:

14y

NPP 10y 6m

 

Mother to four children including 7y male victim- intellectually disabled victim subjected to constant physical and psychological abuse by offender and her partner as method of discipline – lied to police suggesting death result of fall from pogo stick – failed to obtain medical assistance for 24h – all offences committed in presence of siblings (children) – substantial emotional and physical harm – manslaughter most serious case of neglect – other offences vary in seriousness from low to above mid-range

4 x s.61 assault

s.91G(1)(c) child abuse offence

3 x s.91H(2) child abuse offence

s.35(3) reckless wounding in company

s.43A(2) fail to provide necessities

Sched: 2 x fail to provide adequate lodgings

Childhood characterised by violence and sexual abuse – relationships characterised by violence – low intelligence – dependent personality – came under control and influence of co-offender – genuine remorse – assistance – voluntary admission to previously unknown offences -