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Public Defenders

Back to Sentencing Tables Index

 

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

 

  

Murder - Non-Parole Period over 20 years
[Determinate Sentences]

Standard non-parole period (offences on or after 1.2.2003)

Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim's occupation or voluntary work - 25 years

Other cases - 20 years

Standard non-parole period (offences where conviction entered or plea of guilty made on or after 1.1.2008)

Where the victim was a child under 18 years of age - 25 years

​Name​Date​Plea​Sentence​Appeal​Record​How killed​Involvement & Summary

BERGER

(47)

NSWSC

Finlay J

21.3.1995

VG

MT 21y

AT 7y

 manslaughter x 2

smashed wine bottle over head

 

intent to kill

Killed de facto wife after argument.

MRISH

(40)

NSWSC

Hidden J

13.12.1996

VG

3 x Murder

MT 23y

AT 5y

 nil significant

V1 - stabbed

V2 & V3 - shot

 

intent kill

Killed or arranged killing of male acquaintance and his parents. First killing spontaneous and motive unclear. Killing of parents premeditated and probably related to financial dealings.  Premeditated.

ADAM

(33)

[1999] NSWSC 144

Wood CJ at CL

 

(1999) 47 NSWLR 267

[1999] NSWCCA 197

VG

MT 21y

AT 7y

ADAOABH

stabbed / bashed

 

joint criminal enterprise

Group bashing of off duty police officer outside hotel.
DE GRUCHY

(2000) 110 A Crim R 271

[2000] NSWCCA 51

VG

3 x murder

MT 21y

AT 7y

Conviction AD assaulted with heavy weaponsKilled mother, sister and brother in home. No motive for killings.

GEORGIOU

(33)

 

HARRISON

(39)

[2000] NSWSC 287

Dowd J

 

[2001] NSWCCA 464

 

[2003] NSWSC 1240

Greg James J

 

(2005) 153 A Crim R 288

[2005] NSWCCA 189

VG

3 x murder

1 x attempt murder

 

 

 

VG

3 x Murder

MT 28y

AT 5y

 

 

 

 

 

33y

NPP 28y

Conviction AA

Convictions quashed and matter returned to trial

 

 

 

 

 

 

Conviction AD

traffic matters

 

 

 

nil

shot

 

intent kill

Shooting of four members of Bandido Outlaw Bikie Club by member and ex-member of Rebel Club in basement of cafe. Shootings carried out at close range. On retrial judge concluded deliberate executions although unable to determine if pre-planned.

G: father to young child; good character evidence from friends and family. Concurrent sentence for contempt - refused to answer question in cross-examination.

H: father to young daughter; held positions of responsibility in gaol

HILL

[2000] NSWSC 259

O'Keefe J

 

[2003] NSWCCA 128

PG

2 x murder

2 x mal discharge firearm w/i to do GBH

MT 30y

AT Life

AA

30y

NPP 25y

prior convictions for weapons offences - offence committed while on bond

shot

 

intent kill

Angered by argument with neighbours shot two men working in nearby unit, killing one and injuring another. Shot dead third man come to investigate noise then stalked and shot victim's wife.

Not affected by alcohol or drugs, history of anger and violence - personality disorder, some prospects of rehabilitation.

LO

(29)

(2000) 115 A Crim R 53

[2000] NWSC 714

Barr J

 

[2003] NSWCCA 313

PG

(combined 28%)

Murder

Conspiracy to murder

Murder:

32y

NPP 23y

 

Total:

36y

NPP 27y

ADnil

shooting

 

intent kill

Contract killing of tow-truck driver to pay drug debt. Assisted in attempted murder by luring victim to shooter's residence. Deeply in debt over drug transactions.

Various drug and weapon offences taken into account on sentence.

Both offences fall into worst case category. Assistance to authorities only basis for reducing life sentence.

OFFER

(35)

[2000] NSWSC 839

G James J

 

[2002] NSWCCA 341

PG

Murder

Att Murder

 

Sched:

3 x solicit to murder

34y

NPP 25y

ADof little relevance

cross bow

 

intent kill

Attempt to kill three witness who were to give evidence against him in upcoming trial. Offered friend money to take care of three persons. Shot wife of one witness with cross bow when she answered door, causing permanent brain damage. Shot dead another witness. "Very highest criminality".  Motivated by panic.

Protective custody. Family now in Ireland.

ROBINSON

(17)

[2000] NSWSC 972

Adams J

 

[2002] NSWCCA 359

PG

45y

NPP 35y

AA

45y

NPP 27y

 

bowling pin

 

intent kill

Accompanied stranger home with intention to at least assault and rob. Bashed V then stabbed and mutilated body. Boasted of killing to friends.

Extremely dangerous and disturbed person.

NAISMITH

(31)

[2000] NSWSC 1024

Dunford J

VG

2 x murder

33y

NPP 25y

 nil

baseball bat and gun

 

intent kill

Killing of two men in relation to drug dealing. Took victims to nearby sand hills and burnt bodies. Both murders planned and premeditated.

No remorse of regret. Not worst case - some prospects of rehabilitation, previous good character. Father of four small children with supportive family.

FERNANDO

(31)

[2001] NSWSC 294

Howie J

PG

(Head sentence reduced by 10 years)

30y

NPP 22y

 serving life sentence for murder and sexual assault

stabbed

 

intent to kill

Stabbed cousin in prison with scissors blade.  Angered by information given to police by cousin in relation to murder and sexual assault both men convicted of and serving life sentence for.

BOND

(51)

[2001] NSWSC 1059

James J

VG

30y

NPP 25y

 substantial - on parole at time of offence for manslaughter of female

stabbing

 

intent to kill

Stabbed 30y girlfriend three times at her home - not premeditated - no apparent motive - no history of violence in relationship - not pre-armed - severe attack.

Previous manslaughter of female a significant aggravating circumstance.

MERRITT
(30)

[2002] NSWSC 1159

Greg James J

 

(2004) 146 A Crim R 309

[2004] NSWCCA 19

PG

3 x Murder

Life

AA

(PG 15%)

34y

NPP 27y

minor

suffocation

 

intent to kill

Father killed his 3 children aged 11w, 11m and 6y on custody visit - No explanation for killing - Incomprehensible action - no evidence of mental disorder

Insufficient weight given to A's depressive state – Sentence patterns show life not imposed in cases of parents murdering children.

NG

(28)

 

 

Co-accused:

LO

[2003] NSWSC 781

Adams J

 

[2011] NSWCCA 227

VG

s.97(2)

Murder

Murder

35y

 

Total:

37y

NPP 27y 9m

AA

Murder sentence only:

30y

NPP 22y 6m

 

 

Total:

31y

NPP 23y 6m

Nil relevant

Shooting

 

Intent to kill

Involved in robbery of Tavern – Manager deliberately shot in head to prevent identification – Not satisfied who fired shot

PENISINI

(24)

[2003] NSWSC 892

Wood CJ at CL

 

[2004] NSWCCA 339

PG

Murder

Unauth use of firearm

Agg ass w/I to take MV

Murder

34y

NPP 23y

 

Total:

36y

NPP 25y

Crown AD

 

Serious violent offences – breached parole

Shooting

 

Intent to kill

Deliberate shooting of police officer during attempt to apprehend stolen car containing four offenders – Fired five shots through driver window of police car – Attempted to take second car at gunpoint to facilitate escape - No premeditation or planning

Tongan – genuine remorse – element of dangerousness to community

MARCHANT

(29)

 

 

CRAWT

(24)

[2003] NSWSC 958

Greg James J

 

[2006] NSWCCA 120

PG

(10%)

Murder

 

 

PG

(10%)

Murder

 

Sched:

Drive convey

Agg AR

Att AR

38y

NPP 32y

 

 

35y

NPP 28y

AD

 

 

 

AA

30y

NPP 24y

Lengthy record for violence – breached parole

 

Lengthy record – breached parole and bail

Shooting

 

Intent to kill

 

Accessory

Male shot twice in head during night time meeting in park to discuss stolen jewellery – Purpose of shooting not clear – Vicious and callous execution

M – Primary offender – Continuing danger – Little hope of rehabilitation

C – Present and reckless as to killing – Deprived background – Some hope of rehabilitation

FOLBIGG

(36)

[2003] NSWSC 895

Barr J

 

(2005) 152 A Crim R 35

[2005] NSWCCA 23

 

[2007] NSWCCA 371

VG

Manslaughter

Intentionally inflict GBH

3 x Murder

40y

NPP 30y

Sentence AA

30y

NPP 25y

 

Conviction AD

Nil

Suffocation

 

Intent to kill

Mother killed four babies over ten years – Suffocated each child in spontaneous burst of anger – Earlier attack on second child caused blindness

Seriously psychologically damages by early neglect and physical and sexual abuse – Protective custody

 

On appeal: error in cumulation and overall sentence crushing – comments on public opinion

FRASER

(36)

[2004] NSWSC 53

Howie J

[2005] NSWCCA 77

VG

3 x Murder

32y

NPP 27y

ADNil

Drowning

 

 

Drugged daughter and 2 sons with sleeping tablets then drowned them in bath – Daughter violently struggled – Revenge against estranged wife – Genuine attempt at suicide – Premeditated and planned offences

Severely mentally disturbed at time – History of mental illness – Protective custody

HOLLAND

[2004] NSWSC 653

Dowd J

VG

30y

NPP 23y

 Not serious – escapee at time of killing

Stabbing

 

Intent to kill

Stabbed fellow male escapee in frenzied and sustained attack – Reacted to insults to girlfriend – slow and painful death – gratuitous cruelty – spontaneous offence – rejected call for life sentence

Young, immature, socially dysfunctional – dislocated and abusive childhood - isolated

TA'ALA

(20)

NSWSC

Davidson AJ

30.7.2004

 

[2008] NSWCCA 132

PG

(just over 13%)

 

 

Murder x 2

Total:

47y

NPP 38y 6m

AA (in part)

Total:

47y

NPP 35y 3m

 Bashing and stabbing

Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed the attack – Extreme violence.

[CCA corrected SJ's intention to set NPP at 75% of total sentence].

GOODWIN

(57)

[2004] NSWSC 757

Howie J

PG

(17.5%)

2 x Murder

27y

NPP 21y 6m

 Insignificant record

Shooting

 

Intent to kill

Shot estranged wife and new partner – element of planning

Highly disturbed state resulting from separation – Attempted suicide

O'CONNELL

(18)

[2004] NSWSC 1120

Davidson AJ

 

[2006] NSWCCA 82

PG

(20%)

35y

NPP 25y

 Juvenile record for serious crimes of violence

49 injuries, inc 10 stab wounds

 

intent to kill

Killed 15y girl with whom he was having casual relationship – horrific wounds – violent sexual proclivities – disposed of body in nearby garbage bin – deliberately attempted to divert suspicion

Victim of abuse by stepfathers – drug and alcohol problems – dyslexia/ADHD – remorse – youth – 20% discount for plea – but for youth and plea, life sentence would have been imposed – limited protective custody

ASLETT

(33)

[2004] NSWSC 1228

Wood CJ at CL

 

[2006] NSWCCA 360

PG

Murder

 

2 x s.61JA

8 x s.97(2)

2 x s.97(1)

Sp agg kidnapping

Agg car jacking

Att obtain $ by deception

3 x LMV

 

Sched:

9 similar offences

Murder:

Life

 

Other Offences:

36y

NPP 28y

(partially cumulative to existing sentence)

AA

Murder:

28y

NPP 22y

 

Total:

42y

NPP 36y

Lengthy and disturbing – almost continuous custody since 11 years old – recently sentenced to 40y NPP 30y for brutal home invasion and sexual assault on 16y female occupant

Gunshot

 

Felony murder

SNPP 20 years

Murder involved attempt robbery of male proprietor of pharmacy – struggled with victim in car, took out loaded gun to threaten and gun discharged

Other offences committed over 3 months – stole care with female occupant using knife and gun – sexually assaulted complainant twice – robberies of various retail premises using guns and knives – co-offenders

Drug abuse – some remorse - finding of dangerousness – psychological profile suggests no hope of rehabilitation

WILLARD

(48)

 

Co-offender:

WILKINSON

TJA

[2005] NSWSC 402

Whealy J

VG

36y

NPP 26y

 Minor dishonesty

Shooting

 

Intent to kill

SNPP 20 years

Arranged for friend's boyfriend to kill husband – victim shot while asleep on lounge – seeking insurance money – organiser and instigator

WEIGHTMAN

(20)

 

 

 

 

 

Co-offender:

DONAI

[2005] NSWSC 1354

Hidden J

PG

(combined discount 30%)

2 x Murder

28y

NPP 22y

 Minor

Asphyxiation

 

Intent to kill

Killed adoptive parents for financial reasons – Planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father

Early staged of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation

D.NGUYEN

 (22)

[2006] NSWSC 850

Hulme J

 

(2007) 180 A Crim R 267

[2007] NSWCCA 363

VG

Murder

s.33

Murder

31y

NPP 23y

Total:

33y

NPP 25y

Conviction AD

Sentence AA

Murder:

27y 4m

NPP 20y

 

Total:

29y 4m

NPP 22y

drugs and driving offences

Shooting

 

Intent to kill

SNPP 20 years

Four offenders entered Billiards Hall armed with gun and samurai sword – walked up to group partying and shot dead female and injured male – wrong victim – motivation unclear – cold-blooded execution – brazens offence – substantially above mid-range offence – equal culpability

Other offenders conviction quashed on appeal

OSMAN

(25)

 

 

 

 

 

 

 

Co-offenders:

El-Zeyat, Aouad.

[2006] NSWSC 1167

Bell J

 

[2011] NSWCCA 62 – conviction appeals only

 

 

El-Zeyat; Aouad & Osman [2015] NSWCCA 196 – sentence appeals

VG

2 x Murder

30y

NPP 25y

Remit to NSWSC for re-sentencing

 

Relatively minor

Shooting

 

Intent to kill

SNPP 20 years

Ongoing dispute between two families originally over drug business – ongoing violence – three co-offenders fired at house using SKS rifles and pistols – O driver – sleeping female and male killed

Co-offenders sentenced to life

STEER

(40)

[2006] NSWSC 1198

Whealy J

 

(2008) 191 A Crim R 435

[2008] NSWCCA 295

VG

Murder

AR

AR

FT 4y

Murder

29y 4m

NPP 22y

 

Total

31y 4m

NPP 24y

ADLengthy

Stabbed in neck

 

Intent to kill

SNPP 20 years

Broke into home and stabbed male occupant in neck – Set fire to house with body inside – angered at relationship between deceased and ex-girlfriend – above mid-range offences – Intent formed after entry to house – Robbed bank

Single parent with 4 children

NORMAN

(50)

 

 

 

 

 

OLIVIERI

(49)

[2007] NSWSC 142

Hidden J

 

 

Olivieri  [2016] NSWCCA 165

VG

Fraud

Murder

 

 

 

 

VG

Murder

35y

NPP 29y

 

Total:

37y

NPP 31y

 

33y

NPP 28y

Olivieri – Conviction

AD

Minor

 

 

 

 

 

Lengthy – dishonesty and drugs

Shooting

 

Access before the fact

 

 

 

 

Shooting

SNPP 20 years

N – account who defrauded victim – had victim shot by O to cover up fraud – O paid little more than expenses – carefully planned offence – V shot at home office

BARTON

(47)

[2007] NSWSC 651

Buddin J

 

[2009] NSWCCA 164

PG

Murder

Att Murder

 

VG

Mansl at murder trial

Murder:

37y

NPP 30y

 

Total:

42y

NPP 35y

ADOld offence involving fire

Fire

 

Intent to kill

SNPP 20 years

Shot male acquaintance in back of head during argument (manslaughter) provocation – Victim a violent man blackmailing offender over many years – genuine fear for safety – cared for victim's children during following day – dosed children with methadone and set fire to house – intent to cover killing of male – 3y girl killed in fire (murder) – 5y boy rescued by offender (att murder) – significant element of planning – relationship between manslaughter and subsequent offences – murder objectively worst case

Ill health – protective custody – personality deficits exacerbated by victim's behaviour and death of mother

McCALL

(32)

[2007] NSWSC 1269

Barr J

 

[2010] NSWCCA 174

VG

29y 4m

NPP 22y

ADPriors

Assault

 

Intent to kill

SNPP 20 years

V lured to car park and kidnapped – with co-offender took V to cliff area – became angry and pushed V over cliff – carefully planned kidnapping for financial reward – no clear explanation for killing

BURRELL

(42 at offence – 55 at sentence)

[2008] NSWSC 30

Kirby J

 

[2009] NSWCCA 193

VG

28y

NPP 21y

Conviction ADMinor at time of offence – conviction for subsequent murder

Unknown

 

Intent to kill

Owed money to 74y female friend of family – unable to repay loan - invited her around to house – circumstances of murder known – body never found – planning

TA'ALA

(20)

[2008] NSWCCA 132

PG

(just over 13%)

 

Murder x 2

Total:

47y

NPP 38y 6m

AA (in part)

Total:

47y

NPP 35y 3m

 Bashing and stabbing

2002 offences - Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed the attack – Extreme violence.

[CCA corrected SJ's intention to set NPP at 75% of total sentence].

CLARK

(42)

 

 

 

 

 

Co-offender:

CLARK

[2008] NSWSC 795

Kirby J

 

[2010] NSWCCA 94

VG

30y

NPP 24y

Conviction ADSignificant

Shooting

 

Intent to kill – Joint criminal enterprise

SNPP 20 years

Recruited 21y son to shoot grandfather – son visited victim at home and shot him in head – financial motivation as well as other emotional issues – planning - above mid-range seriousness

Son sentenced to 20y NPP 14y

Suffering brain damage from motor vehicle accident and physical illnesses

AYTUGRUL

(40)

[2009] NSWSC 275

RA Hulme J

 

(2010) 205 A Crim R 157

[2010] NSWCCA 272

 

[2015] NSWCCA 139

VG

28y

NPP 21y

Conviction AD

 

Sentence AA

27y

NPP 20y 3m

Nil

Stabbing

 

Intent to kill

SNPP 20 years

Multiple stab wounds of ex-girlfriend in her home unit – prior stalking and obsessive behaviour – slightly above mid-range

WILKINSON (No.5)

(28)

[2009] NSWSC 432

Johnson J

PG

Murder

(modest discount)

 

Arson

28y

NPP 21y

 

Arson:

6y

NPP 4y 6m

Total:

28y

NPP 24y

 Nil prior – subsequent assault

Unknown

Intent to kill

SNPP 20 years

Killed pregnant lover to prevent complications to marriage –circumstances of killing unclear – body never found – took phone and made phone calls to leave false trail – set fire to house and went to neighbour tied up blaming victim – supplied multiple false accounts to police blaming others and suggesting burial places – murder above mid range – arson towards top of range

No contrition or remorse – aboriginal liaison officer with police force – onerous custodial conditions

SW (No 3)

(34)

[2009] NSWSC 1043

Hulme J

 

[2013] NSWCCA 103

VGLife

AA

40y

NPP30y

NilStarvation, neglect.

SNPP 25 years

Mother of 7y daughter who died as a result of starvation and neglect – Daughter suffered developmental delay and autism – Left in bedroom in unhygienic conditions.

Worst case – drug use.

Father [BW] sentenced for manslaughter.

MCGUREN

[2010] NSWSC 744

Fullerton J

PG

(no discount)

34y

NPP 25y 6m

 Lengthy. Attempt strangle, AOABH, Breach AVOBashing with rifle butt after shooting V in neck

SNPP 20 years

Broke into V's home after V had formed relationship with A's ex-partner – Shot V in neck – Bashed V in head with rifle butt number of times which caused V's death.

Premeditated – Upper end of upper range of objective seriousness.

Tendency to uncontrolled violence.

DENNISON

(28)

​[2010] NSWSC 780

Fullerton J

PG

(20%)

 

 

 

Also charged with 19 other offences: 8 x 61J, 2 x s61K(b), 4 x s86(1)(b), 1 x 35(2), 1 x s113(2), 2 x s97(1)

 

Sched:

8 offences

 

Murder:

18y

NPP 11y

 

 

Total:

28y

NPP 21y

 

 

 AOABH, possess knife, driving, resist police.V fell from balcony – died from injuries sustained while trying to escape A.

SNPP 20 years

Followed V and 3 other victims of sexual assault into security apartment – threatened with knife – forced sexual acts with each victim - V escaped through balcony door and fell from balcony - died from injuries – another victim also sustained serious injuries after falling from balcony.

Aboriginal background – troubled background. Drug dependent ("ice") - capacity for exercising judgment was probably severely compromised by being in the grips of "ice" on the day of offence.

Lower end of mid-range – no intent to kill: at [79].

POTTS

(40)

[2010] NSWSC 731

Kirby J

 

[2012] NSWCCA 229

VG

28y

NPP 21y

ADManslaughter of father – Substantial impairment

Stabbed

 

Intent to kill

SNPP 20 years

Stabbed sex worker in the back twice in his apartment – Had sex post mortem and attempted to conceal body under bed – impulsive offence

Paranoid schizophrenia caused significant impairment at time of offence – high risk of further violent offence

CAMPBELL

[2010] NSWSC 995

Latham J

 

[2014] NSWCCA 175

VG

33y

NPP 24y

Conviction ADMinor record

Pushed off cliff

 

Intent to kill

SNPP 20 years

Pushed wife off cliff while camping in national park – motivated by financial gain – lied and deceived victim in order to obtain large amounts of money – planed killing over several months – well above mid-range

NGUYEN

(26)

 

LUONG

(18)

 

 

 

 

 

Co-offender:

TVN (2014)

[2011] NSWSC 562

McCallum J

VG

2 x Murder

 

PG

(10%)

2 x Murder

30y

NPP 22y 6m

 

28y

NPP 21y

 

Nil significant

 

 

Nil

Stabbing

 

Common purpose to inflict gbh

SNPP 20 years

Victims stabbed during attack by four males outside bar – not known who inflicted fatal wounds – attack a response to earlier attack on first offender by one victim and friends  – delay between incidents and degree of planning – mid range offences – disregard for public safety

N – judgment clouded by fear caused by earlier attack – did not stab anyone although aware of knives and armed with knife himself –reasonable prospects of rehabilitation

L – stabbed both victims

RYAN

(51)

 

Co-Offender: BROOKS

[2011] NSWSC 1249

Latham J

 

[2013] NSWCCA 175

VG

36y

NPP 27y

 

AD

 

Nil

 

Shooting

 

Intent to kill

SNPP 20 years

Female offenders (daughter and mother) - R paid $30,000 to have husband shot dead by hitman - $10,000 knowingly provided by C (R's mother) – angered by breakdown in marriage and financial loss – close to worst category – mother C genuinely believed daughter R had been physically assaulted by victim

C received 27y / NPP 17y

FILIPPOU

(54)

[2011] NSWSC 1607

Mathews AJ

 

[2013] NSWCCA 92

VG

(2 x murder)

31y

NPP 25y

ADOld record – most recent offence involved neighbourhood dispute

Shooting

 

Intent to kill

SNPP 20 years

During confrontation with neighbours shot two brothers – shot one victim twice – origin of gun unclear – not premeditated – ongoing neighbourhood dispute – mid-range offence

HOBLOS

(27)

[2012] NSWSC 454

Grove J

 

[2014] NSWCCA 20

VG

28y

NPP 21y

Conviction AD 

Shooting

 

Intent to kill

SNPP 20 years

One of three offenders involved in shooting of male victim at party – two offenders entered party – one offender shot victim point blank range then both left in car driven by third offender – execution murder – unable to identify role of offender – equal culpability – motive unknown

RICHARDSON

 

[2012] NSWSC 521

McCallum J

 

[2013] NSWCCA 218

VG

28y

NPP 21y

ADAssaultUnknown

SNPP 20 years

Killed girlfriend – how killed unknown – troubled relationship – prior assault – body dismembered into small parts with circular saw - body parts found 6 months later in garbage bags hidden under bush – evidence that A formed premeditation to kill – evidence that forced V to phone bank asking for new bank card so that A would have access to V's bank account after V's death.

Little remorse – little prospect rehabilitation – schizoid personality – depression – ill-health.

BROOKS

(48)

 

 

Co-offenders:

RYAN

COUTER

[2012] NSWSC 505

Fullerton J

VG

38y

NPP 28y 6m

 MinorShot

SNPP 20 years

Contract killing – paid $15,000 to kill husband of co-offender – shot victim in back at victim's farm at night – close but not worst category – not sophisticated – minimal planning - parity

Drug use – psychiatric problems

MILAT

(17)

 

 

KLEIN

(18)

[2012] NSWSC 634

Mathews AJ

 

 

 

[2014] NSWCCA 29

PG

(No discount)

 

 

PG

(discount lower range)

43y

NPP 30y

 

 

32y

NPP 22y

AD

 

 

 

AA

27y

NPP 20y

(25% PG)

Mid-range PCA.

 

 

No violence.

Axe

SNPP 25 years (to Klein only)

Both accused and another friend CD invited V to accompany them to Belanglo Forest for drinking and being together – M and K planned killing - M took double sided axe from vehicle and struck V in torso before striking V to back of head – killing recorded by K on mobile phone – co-accused friendly with V.

"Thrill kill" – planned - premeditated - actual use of weapon - in company - gratuitous cruelty.

Milat: Personality dysfunctions and lack of empathy -  poses substantial risk of violent re-offending -  remains a serious potential danger to the community – no remorse – worst case category murder.

Klein:  Impressionable, strongly influenced by M - no psych illness - prospects of rehabilitation as at least moderate, more favourable – within serious range.

WILLMOTT

(35)

[2012] NSWSC 824

Price J

 

[2013] NSWCCA 244

PG

(20%)

28y

NPP 21y

ADAssault offences – breached parole for GBH

Stabbing

 

Intent to kill

SNPP 20 years

Male victim became aggressive towards offender during drinking session with friends at cabin in caravan park – offender returned to mother's caravan and armed himself with two small steak knives – met up again with victim and angry confrontation broke out – frenzied and sustained stabbing attack – attempted to cut off head in front of witnesses - small degree of provocation – spontaneous

Under influence of alcohol and ice

AMOS

(20)

[2012] NSWSC 1021

Hall J

 

[2014] NSWCCA 302

VG

28y

NPP 21y

Conviction ADNil

Shooting

 

Intent to kill

SNPP 20 years

Involved in armed robbery with co-offender of male drug dealer who owed co-offender money – formed intent to kill and shot victim eight times – returned to house with co-offender and stole property – committed in home of victim – robbery not murder planned – high level of culpability – committed for financial gain

Deprived and neglected childhood -

BILLINGS

(37)

[2012] NSWSC 1020

Barr AJ

VG

Murder

 

AR with wounding

Agg SMV

Shoot w/I murder

AR

32y

NPP 24y

(non-aggregated sentence)

 

Aggregate Sentence:

40y

NPP 30y

 Lengthy – at liberty for only two years of past twelveShooting

SNPP 20 years

Robbed male taxi driver walking along street in early hours of morning with sawn off rifle – shot wearing shots into footpath then shot victim in buttock causing permanent injury – threatened male driver with shot gun – stole car – shot at police officer who was pursuing offender for suspected drug dealing – fatally shot unsuspecting male victim with intention of robbery in presence of co-offender – fired three shots from point blank range – robbed business using gun – murder just short of worst case

Dangerous offender

DANNEVIG

(21)

[2012] NSWSC 1013

Hall J

PG

(25% combined discount)

 

Sched:

Larceny

Dishonestly obtain prop

28y

NPP 21y

 Breached parole for kidnapping offence

Drowning

 

Intent GBH

SNPP 20 years

Lured 18y female into bush overnight through facebook and fictitious identity – posed as WIRES employee offering employment and training – drowned victim in creek – unprovoked assault on victim during earlier meeting – sophisticated and protracted scheme

Mild intellectual disability – 25% discount for guilty plea and assistance with investigation

DONAI

(33)

 

 

 

 

 

 

 

Co-offender:

WEIGHTMAN

23.12.2005

[2008] NSWSC 502
Fullerton J

 

[2011] NSWCCA 173

 

[2012] NSWSC 1102
Hidden J

 

[2016] NSWCCA 212

VG

2 x Murder

Life – conviction and sentence quashed

 

 

 

 

New sentence by Hidden J:-

Total

43y

NPP 33y

AA

Conviction quashed.  New trial ordered.

 

 

 

 

 

 

 

Conviction AD

Minor – but did admit in undercover operation to undetected criminal misconduct

Asphyxiation

 

Intent to kill

Contract killing with victim's adopted son – Son sedated parents with drugs in tea – Offender entered house and suffocated both victims within short space of time – bodies placed in car and pushed off embankment to suggest car accident – principal offender – promised $17,000

Amateurish and unprofessional killing – not satisfied as to future dangerousness

 

Hidden J –

evidence of schizophrenia / mental illness

DIB

(29)

(17 at time of offence)

[2012] NSWSC 1431
Barr AJ

VG

 

Murder

 

Wound w/i to murder

Wound w/i

20y

NPP 15y

 

Murder

35y

NPP 25y

part concurrent

 

Total:

40y

NPP 30y

 

 Manslaughter, affray, supply drugsShot

Offence took place in 2000 – planned assassination of B who had allegedly informed on A regarding an earlier killing – B travelling in car with his female partner V - A shot 4 bullets at their car – 2 bullets killed V – a bullet struck B in neck but did not kill him -  A intended to kill B in revenge for B having informed on A – intended to kill V in order to eliminate any witnesses.

PURTILL

(39)

[2012] NSWSC 1475

Harrison J

 

 

[2016] NSWCCA 80

VG

28y

NPP 21y

AD-Throat cut with knife

SNPP 20 years

Cut throat of V following argument – V a businessman with whom A acquainted – with brother drove V's body to remote location and buried in grave – A's older brother also present and charged with Accessory.

Unexplained crime – may be drug transaction gone wrong.

Difficult childhood – drug and alcohol addiction – rehabilitation.

WHITE

(42)

[2012] NSWSC 1573

RA Hulme JA

VG

32y

NPP 24y

 Lengthy, violence, previous custody.Bashing.

SNPP 20 years

Planned killing of V drug dealer – lured V to caravan then bashed V, tied V with cable ties and taped mouth and nose – oversaw other persons in taking of drugs from V's car and dumping of V's body in bush – fled to Victoria with girlfriend and lived off proceeds of drugs stolen from V.

Difficult childhood – drug abuse.

WALSH

(34)

 

 

 

Co-offender:

BATCHELDOR

[2012] NSWSC 1399

Bellew J

VG

 

Murder

s.86(3)

28y

NPP 21y

 

FT 8y

(concurrent)

 Lengthy but much less serious

Unclear

 

Constructive murder

SNPP 20 years

Met with victim and female co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – victim killed by offender in altercation – body incinerated

Long history of alcohol and drug abuse

HUDD

 

 

Co-offender:

BROWN

NSW CCA [395]

12.12.2006

[2013] NSWCCA 57

VG

Murder

 

2 x AR

s.33

Agg AOABH

Murder

27y

NPP 21y 9m

 

Total:

28y 6m

NPP 21y 9m

AD 

Shooting

 

Felony Murder

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee shot dead by offender in pursuit

Fresh evidence as to ill health

AQUILINA

(27)

 

 

 

 

 

 

 

 

 

 

Co-offenders:

COMBER

[2012] NSWSC 1502

DAWSON

[2012] NSWSC 1497

[2013] NSWSC 525

Bellew J

VG

28y

NPP 21y

 No significant historyStrangled

SNPP 20 years

With D and C  assaulted and killed V – joint criminal enterprise – D was previously in relationship with V – hostility and complaints by D concerning V's behaviour – A  made the preparations which included recruiting C, and taking a knife and an iron bar with him to ambush V – struck V with iron bar from behind  -  V subjected to violence by A, D and C over several hours - the act of strangling V extended over a period of time - A actively involved in pulling on the rope causing V's death -  cash taken from the V's wallet and V's bicycle sold - party to disposal of V's remains - motivated by vengeance, acting as an "executioner".

Above mid-range objective seriousness – no remorse.

Depressive illness – some rehabilitation prospects.

HARDING

(57)

[2013] NSWSC 513

Garling J

PG

(25%)

27y

NPP 20y 3m

 Record for violence against women – breached bail 

SNPP 20 years

Poured 250ml bottle methylated spirits over female lover confined to wheelchair and set V alight with cigarette lighter – spent afternoon with V drinking wine – possibly motivated by jealousy - gratuitous cruelty in leaving house – spontaneous offence – criminality very high

Long history of alcohol abuse – acquired brain injury

STANI-REGINALD

(21)

[2013] NSWSC 567

Price J

PG

(no discount)

Murder

s.61J (Agg sexual assault)

 

Sched:

s.61J

45y

NPP 30y

 Armed rob, assault with intent to rob, stalking, damage property by fireStrangled

SNPP 20 years

Lived in neighbouring unit to V (female aged 24) – raped and strangled V – placed body in suitcase then called taxi and took ride to outer area dumping suitcase in stormwater canal – A had undertaken extensive internet searches of websites regarding rape, murder and serial offenders prior to committing the offence – indicative the offence was planned well before V's murder.

Difficult upbringing – father in jail for murdering A's mother when he was young – no evidence of psychiatric illness.

Worst case category – youth of A.

KING

(27)

[2013] NSWSC 801

Bellew J

 

 

 

[2015] NSWCCA 99

VG

Murder

 

PG

s 35(2)

s 59(1)

 

 

32y

NPP 24y

 

Total:

33y 6m

NPP 25y 6m

ADSupply drug, possess firearm.  On bond.Bashed

SNPP 20 years

Bashed 18 year old female with whom previously in relationship – volatile and violent relationship – A took ice and drank alcohol prior to offence – vicious, unprovoked and inhumane attack – V suffered severe injuries – above mid-range objective seriousness.

Rehabilitation – remorse.

DI CIANNI

(66)

[2013] NSWSC 1328

RS Hulme AJ

 

[2015] NSWCCA 201

VG

2 x Murder

Each:

24y

NPP 20y

 

Total:

34y

NPP 30y

ADNil relevantStabbing

SNPP 20 years

Stabbed V former business partner numerous times – V had defrauded A – also stabbed V2 (brother of V) who lived with V and was home at the time.

Marginally above mid-range offences.

Wife Pintabona sentenced for Accessory.

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

AB

(17)

[2013] NSWSC 1591

Adams J

 

 

 

 

 

 

 

(AB)

[2014] NSWCCA 339

VG

Murder

 

PG

s.112(3)

s.96

2 x public justice offences

 

 

PG

(no discount)

Murder

 

s.112(2)

Intimidate

Sched:

Use postal service to threaten harm

45y

NPP 30y

(all sentences concurrent)

 

 

 

 

 

 

45y

NPP 30y

(all sentences concurrent)

 

 

 

 

 

 

 

 

 

 

 

AD

 

Minor record – breached bond

 

 

 

 

 

 

 

 

Lengthy and violent record – breached probation – violent record in custody

Stabbing

 

Intent to kill

SNPP 20 years

Broke into neighbouring house at night – assaulted 87y female occupant with walking stick – made threats – stole property

Premeditated and unprovoked attack on three male strangers walking down the street – L slashed knife against neck of one male – knocked second male to ground – 'cowardly, sadistic, pitiless, deadly attack, stabbing and cutting him repeatedly' – left scene then returned to continue assault – attack included intent to torture – both represent danger to community – worst case

AB threatened girlfriend – L threatened witness

 

L – seriously deprived childhood affecting ability to make moral judgments – low intelligence – drug and alcohol abuse

AB – severely deprived childhood including violence – limited education – drug and alcohol abuse – no discount for guilty plea for murder offence

KEARNES (No.2)

(52)

 

 

 

 

Co-offender:

PATON

[2013] NSWSC 1652

Button J

VG

30y

NPP 22y 6m

 Dishonesty and violence offences including serious sexual offences

Shooting

 

Intent to kill

SNPP 20 years

Travelled to neighbouring town with co-offender to shoot male acquaintance in V's home unit – not established who fired shots – murder instigated by accused – motive for shooting unclear

Suffered violence as a child – drug and alcohol abuse

BELL

(27)

[2013] NSWSC 1838

Hall J

PG

(10%)

 

Murder

s97(2)

s33(1)(a)

 

Total:

27y

NPP 21y 6m

 Rob in co, AOABH, drugsShot

SNPP 20 years

Felony / constructive murder – with co-offender made plan to commit a robbery at V's home to obtain money and drugs – A and co-offender armed with firearms - A accidentally shot in face by co-offender before A discharged his firearm killing V male aged 17 – co-offender shot a second male V (s33 offence).

Not an intent to kill but a lesser intent to inflict injury for the purpose of effecting escape -  A did not form intent to shoot until very shortly before the fatal shot was fired by him

Left school Year 8 – learning difficulties - long standing personal problems including drug use and anti-social personality characteristics - no link established between anti-social personality disorder and any abusive or deprived upbringing - no basis for findings of special circumstances

KAINE

(50)

[2013] NSWSC 1824

RA Hulme J

VG

Murder

30y

NPP 22y 6m

 Violence, BES, damage propertyintent to kill

SNPP 20 years

Mistakenly believed that V (male aged 62) was a paedophile – A had suffered abuse as child and had obsessive dislike for paedophiles - savage and sustained unprovoked assault of disabled older man in his own home – small TV set smashed into V's face while V was lying in bed – numerous stab wounds – blunt force trauma to face and head - mistaken vigilantism - serious example of offence.

Some evidence of mental illness to slightly reduce importance of general deterrence - risk of future offending against other inmates.

GIERCZYNSKI

(58)

[2013] NSWSC 1870

Adamson J

VG

 

Murder

s.33

28y

NPP 21y 4m

 

Total:

28y 6m

NPP 21y 10m

 Assault on first wife in Poland

Stabbing

 

Intent to kill

SNPP 20 years

Physically and emotionally abused wife throughout long marriage – domineering and hypocritical husband - stabbed wife to death during argument – multiple stab wounds – stabbed son who came to defend mother – spontaneous offence – above mid-range

Suffering from morbid jealousy

MULVIHILL

(45)

 

[2014] NSWSC 443

Fullerton J

 

[2016] NSWCCA 259

VG

29y

NPP 22y

ADNil relevant

Stabbing

 

Intent to kill

SNPP 20 years

Stabbed estranged girlfriend in her home unit during sustained and violent struggle – careful planning – entered unit with intent to cause harm – history of obsessive behaviour and violence towards female partners

ROSS

(29)

[2014] NSWSC 707

Rothman J

 

 

 

[2016] NSWCCA 176

VG

40y

NPP 30y

ADBES - assault

Assault

 

Intent GBH

SNPP 25 years

Killed 2y daughter of de facto- mistreated child during two months prior to death – forced her into cold shower and hit her head against shower screen – kicked collapsed child forcing her head to hit linen cupboard – injured child left in pram unattended for night and day – unplanned and unpremeditated

Bipolar disorder and high-level personality disorder – heavy smoker of cannabis – difficult childhood – aboriginal but no relevant Fernando considerations – no remorse

RAWLINSON

(42)

 

[2014] NSWSC 979

Harrison J

VG

 

36y

NPP 27y

 

Nil

 

Arson.

 

Joint criminal enterprise

SNPP 25 years

R was principal and driving force behind plot to kill V – R and V in a relationship – R secretly in relationship with co-offender E – R manipulated E into believing they could not be together unless V was killed – R told E lies about V – E and another male set V's home alight causing V's death – E recruited co-offender P to take part by arranging for P's partner to take part in killing - above mid-range objective seriousness – calculated planned offence – not present at fire

HILL

(33)

[2014] NSWSC 1010

Bellew J

PG

(10%)

27y 6m

NPP 20y 6m

 nil

Assault

 

Intent GBH

SNPP 25 years

Killed 2y son of de facto – physically abused victim over many months – fractured skull and gastric tear caused by two separate blows – significant force used – would have been aware of pain caused by first blow to stomach – second blow inflicted several hours later – spontaneous and unplanned – slightly above mid-range

Back injuries causing persistent pain - depression

CRAMP

(39)

[2015] NSWSC 271

Adams J

 

[2016] NSWCCA 305

VG

40y

NPP 30y

AA

34y

NPP 25y 6m

Record for violence

Stabbed

 

Intent to kill

SNPP 20 years

Went to former workplace and stabbed employee through neck severing spinal cord – motive for killing unclear – attended during day - cut wires to security cameras in view of other employees

Affected by ice but not irrational - dangerous

KELSALL

(20)

[2015] NSWSC 480

RA Hulme J

VG

Murder

 

Indecent assault

40y

NPP 30y

 

Total:

40y 3m

NPP 30y 3m

 nil

Stabbing

 

Intent to kill

SNPP 20 years

Followed male stranger home late at night – entered through unlocked door – found male stranger in bedroom asleep or intoxicated – touched penis and stabbed multiple times (more than 20 wounds) – no motive although had previously reported thoughts of killing random stranger

No remorse – questionable prospects of rehabilitation

SPICER

 

[2015] NSWSC 519VG

32y

NPP 24y

 AOABH

Arson.

 

Joint criminal enterprise

SNPP 25 years

S threw petrol in V's home where V was sleeping – part of plan by co-accused's R and E to kill V  – S recruited – with E set fire to V's home alight causing V's death.

Intention to kill - crime perpetrated in home of deceased and result of considerable planning.

Dysfunctional upbringing.

Co-Accuseds Evans & Ors - [2014] NSWSC 979

MARTIN

[2015] NSWSC 521

Schmidt J

VG

27y

NPP 20y 3m

 assault, drugs, theftBashed (concrete block)

SNPP 20 years

Killed V who lived on isolated rural property – physical altercation where both A and V affected by alcohol – intent to kill – smashed V's head number of times with heavy concrete block – offence not planned.

Above mid-range objective seriousness.

Troubled youth – drug and alcohol abuse – supportive family – prospects of rehabilitation

CULLEN

(50)

[2015] NSWSC 768

Harrison J

VG

30y

NPP 22y 6m

 Nil in Australia – old record in England

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged wife – assaulted V in garage of apartment block and forced her into boot of car – purchased fishing knives drove to reserve and fatally stabbed wife in frenzied and brutal attack – resentment and frustration over relationship breakdown – above mid-range

ALKANAAN (No.7)

(27)

[2015] NSWSC 904

Garling J

VG

Murder

 

PG

Consp to tamper witness

(10%)

28y

NPP 21y

 

FT 1y 10m

 

Total:

28y 9m

NPP 21y 9m

 Record including violence – breached bond

Shooting

Intent to kill

SNPP 20 years

Shot dead drug dealer at point blank range with shot gun outside house of offender – unplanned offence – angered that Victim came to house to collect drug debt – Victim's wife and 18m child in car – had called in associate as backup - fled scene and attempted to leave country – attempted to influence Victim's wife against giving evidence – murder above mid-range

Exposed to war and conflict in during childhood in Iraq – mental health issues needing treatment in custody

BREEN

(26)

[2015] NSWSC 1757

Mathews AJ

PG

2 x murder

(no discount)

 

 

Sched:

9 offences

42y

NPP 33y

 Prior record for violence offences although only bonds

Stabbing

Intent to kill

SNPP 20 years

Left home angry and intoxicated and armed with hunting knife – threatened and assaulted partner and several strangers with knife in attempt to obtain car – obtained two cars at knifepoint – drove to grandparents' house with intent to kill but moved on – demanded gun from female friend at knifepoint – smashed way into father's house and stabbed him repeatedly in presence of 12y half brother – pursued and stabbed father's partner multiple times in front of 7y daughter – police pursuit in car – trigger for offences unknown – previously expressed dark thoughts to mother – almost at top of objective seriousness but absence of pre-planning and prospects of rehabilitation

Harboured deep-seated anger and resentment towards family – long history of anger and impulse control – substance abuse – significant impact on children who witnessed murder – genuine remorse

BILJUH

(42)

[2015] NSWSC 1917

Button J

VG

 

30y

NPP 22y 6m

 Minor record – no violence

Strangulation

 

Intent to kill

SNPP 20 years

Broke into home of mother in early hours of morning – strangled her and dragged body to granny flat behind house – covered face with duct tape to ensure death – body left for brother to find - carefully planned – attempted to lay false trail – well above mid-range

Difficult relationship with family – personal crisis

MAYBIR (No.8)

(29)

[2016] NSWSC 166

RA Hulme J

VG

38y

NPP 28y 6m

 

Total:

42y

NPP 31y 6m

 Breached bond imposed for breaching AVO

Assault

 

Intent GBH

SNPP 25 years

Lived with partner and her young children in small music studio – enforced physical discipline over many months particularly on 7y male victim suffering intellectual disability – cruel, degrading and inhumane treatment – victim died as result of blunt force trauma to head although exact manner of death unclear – failed to obtain medical treatment

s.61O(2A)

5 x s.61

2 x s.91H(2)

s.59(1)

s.35(3)

DENT

(53)

[2016] NSWSC 444

RA Hulme J

VG

Murder

 

Agg rob in comp

3 x contempt

40y

NPP 30y

 

Total:

42y

NPP 32y

 Extensive record including murder as a 17y old – breached bail for drug offences

Assault

Constructive murder

SNPP 20 years

Joint plan between four offenders - Victim lured by offender and co-offender to park for robbery – assaulted, clothing removed, hogtied and gaged with underpants by offender – dominant offender – intended GBH and did not care if died

Contempt offences – assaulted co-offenders in dock – threatened judge – sacked counsel and refused to proceed with trial

Institutionalised

TURNBULL (No.26)

(79 at offences, 81 at sentence)

[2016] NSWSC 847

Johnson J

 

VG

Murder

 

 

PG

s.86(1) -Detain for advantage

Murder – 32y

NPP 22y

 

s.86(1) – 9y

 

Total aggregate:

35y

NPP 24y

 Unlawfully clear native vegetationShot

SNPP 20 years

Shooting of environmental officer – multiple shots and wounds – detained an environmental officer for purpose of killing another environmental officer - offences committed whilst criminal proceedings against A before Land and Environment Court – intent to kill.

Suffering from adjustment disorder but not serious mental disorder – offences of substantial objective gravity.

Strong family support.

KHAN

(46)

[2016] NSWSC 1073

Fullerton J

VG

Murder

2 x Mansl

2 x s.25

s.197(1)(b)

Indicative:

Murder

30y

NPP 22y

 

Mansl:

20y

NPP 15y

 

Agg Sentence:

40y

NPP 30y

 Nil

Explosion

Reckless indifference

SNPP 20 years

Lessee of shop caused explosion intending to use insurance money to escape debts (s.197(1)(b) set fire to property for financial gain) – killed male residing in unit above shop and mother and baby residing in unit above adjoining shop – two males also residing in unit above shop injured escaping explosion – manslaughter based on unlawful and dangerous act – murder above mid-range

ROFF

(51)

[2016] NSWSC 1151

Fagan J

VG

Murder

 

Possess unauth weapon

 

Sched:

Failure to store weapons

32y

NPP 24y

 

$2000 fine

 Old minor weapons offence

Intent to kill

Method unknown

SNPP 20 years

Pre-mediated and planned killing of partner of female co-offender – killed victim in order to openly establish relationship with co-offender – provided sleeping tablets to co-offender – entered house and killed victim in unknown way – disposed of body – aggravating factors: use of stupefying drug – in company – in home of victim – planned activity

Prior good character in face of difficult personal life – motivated by infatuation for co-offender – good prospects of rehabilitation – suffering chronic work injury

MURDOCH

(30)

[2016] NSWSC 1475

Mathews AJ

VG

 

Murder

 

Agg armed robbery

Murder -

28y

NPP 21y

 

AR – 8y

 

 

 

Total:

30y

NPP 22y 6m

 Armed robbery, kidnapping, dishonesty.Shot

SNPP 20 years

With co-offender robbed store – A shot V, a store employee, during robbery -  shot at close range - motive was to enable co-offender to escape after he had been lawfully captured -  robbed V2 of a sum of cash while armed with pistol.

Above midline of objective seriousness.

Institutionalised - Dysfunctional background – illiterate – drug abuse from young age -  Acquired brain disorder - Substance abuse disorder - Personality disorder

HAILE

(29)

[2016] NSWSC 1732

RS Hulme AJ

VG

32y

NPP 24y

 Possess unauthorised pistol, possessing ammunition, possession of goods suspected stolen, supply drug.  On bond.Shot

SNPP 20 years

Shot V in back – offence took place at night in carpark – planned offence - shooting of V was the result of a joint criminal enterprise with co-A who had previously been in relationship with V  – however, motive not clear and unusual - motive may have been $4,000 payment by co-A to kill V.

 

Refugee from Ethiopia – drug abuse - psychiatric disorder – earned high income as drug dealer.

DAVIS (No 2)

(26)

[2016] NSWSC 1785

RA Hulme J

VG

2 x Murder

1 x Attempt murder

Aggregate:

40y

NPP 30y

 NilInjected with insulin

SNPP 20 years

Nursing assistant injected aged care facility residents with insulin – intention to kill – vulnerable victims – extreme breach of trust - no specific motive known – callous offences – not spontaneous

Offences well above midrange – subjective circumstances do little to mitigate penalty.

Good character.

HAINES (No.3)

(46)

[2016] NSWSC 1812

Garling J

VG

2 x murder

Agg

36y

NPP 27y

 Minor drug possession

Injected with insulin

Intent to kill

SNPP 20 years

Nurse at aged care facility injected two residents with insulin shortly after being advised they had made complainant about her care – caused coma – aggravated by being committed in 'home' of victim, abuse of trust and vulnerable victims – deliberate and calculated act but short term planning – no prolonged pain and suffering – significantly above mid-range

Difficult childhood – previous findings of misconduct as a nurse and subject to reporting conditions at time of offending

CHABARJI, Azam

(26)

 

 

 

 

 

CHABARJI, Haysem

[2016] NSWSC 1867

Rothman J

VG

 

 

 

 

 

 

VG

32y

NPP 24y

 

 

 

 

 

36y

NPP 27y

 

Rob in company, AOABH, Possess proh weapon.

 

 

robbery, assault, stealing from person, AOABH in company, stalking, assault police officer, contravene AVO (domestic), dishonesty

Stabbed, beaten, force-fed drugs.

SNPP 20 years

Brothers – joint criminal enterprise - male V beaten by hand and ratchet, stabbed and force-fed lethal amount of drugs (Xanax) – dispute over money V owing for drugs – bought suitcase and placed V's body inside –disposed of V's body in remote area – poured kerosene over V's body.

Azam:  inflicted knife wound - over and above Haysem, inflicted beating (either by hand or by use of ratchet) that caused further, unnecessary pain to V - involvement in "torture" greater than that of Haysem.

Haysem: instigator of the joint criminal enterprise - debt was "owed" to Haysem - lured V to pub and brought him back to apartment where murder took place.

Well-above the mid-range in objective seriousness.

 

Azam: psychiatric disorders including schizophrenia – difficult background – drug abuse – poor rehabilitation prospects

Haysem: difficult background – drug abuse – poor rehabilitation prospects

DROUDIS (No.16)

(33)

[2017] NSWSC 20

Johnson J

VG

44y

NPP 33y

 

Breached bail

 

Subsequently sentenced for offensive use of postal service

Stabbed and set on fire

Intent kill

SNPP 20 years

Female - at instigation of partner stabbed partner's ex-wife in stairwell of units 18 times – set victim alight without knowing if already dead and creating danger to other residents – carefully planned – desire to secure custody of partner's two children circumventing court order

Partner a violent extremist who subsequently died in café siege – highly unusual and influential relationship but no reduction in culpability

Attempt made to deflect police investigation showing lack of remorse – prospects of rehabilitation fair – some credit for cooperation during trial

 

 

 

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