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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.

 

s.86 Crimes Act 

Separate tables for ss.86(1),(2) & (3)

 

Kidnapping: s.86(1) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

s.86(1)(a) with intent hold person for ransom
s.86(1)(a1) with the intention of committing a serious indictable offence, or
s.86(1)(b) with intent of obtaining advantage
Maximum penalty - 14 years
NB: Section 86 originally numbered s.85A – penalty 14 years 

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Lee

(31)

[2003] NSWCCA 391

s.86(1)(b)

 

Sch:

s.33B

s.114(1)(d)

3 x Assault

PG

(25% on appeal)

6y 6m

NPP 3y 6m

AA

5y

NPP 2y 6m

Prior convictions – no custody

Entered school to steal money when teacher and students returned to classroom – hid in storeroom before emerging and locking teacher and students  in room – pretended to have bomb – 3 children assaulted – threatened with knife – offence committed over 20 minutes

Bizarre behaviour – insufficient weight given to mental illness

Pearson

(25)

[2004] NSWCCA 129

 

[2004] NSWCCA 151

s.85A(1)

 

 

 

s.85A

 

 

s.85A

 

Sched:

12 x s.85A(1)

Possess knife at school

PG

(22.5% on appeal)

8y

NPP 5y 6m

 

 

6y

NPP 4y

 

6y

NPP 4y

 

Total

8y 6m

NPP 5y 6m

AA

5y

NPP 3y

 

3y

NPP 2y

 

3y

NPP 2y

 

Total

5y

NPP 3y

Minor – breached bond

Entered classroom and detained teacher and children for one hour – can of petrol placed in middle of floor – children badly affected

Upset over lack of access to daughter over Christmas – major depressive illness – possibly PTSD – suicidal – fresh evidence as to mental condition – stopped medication on medical advice

DRR

(23)

[2004] NSWCCA 126

s.86(1)(b)

PG

(20%)

4y 6m

NPP 2y 3m

ADDishonesty, drugs, driving

Female victim provided offender with lift in return for assistance with loading car – behaviour became increasingly bizarre and threatening – took over driving – made threats to kill and rape – stopped car and forced victim to accompany him along street before being apprehended by police.

Drug induced psychosis – remorse – dysfunctional family – sexually abused

Falls

(33)

[2004] NSWCCA 335

s.86(1)(b)

PG

(20%)

8y

NPP 6y

AA

6y

NPP 4y 6m

Prior record includes aggravated sexual assault on 12y female victim returning home from school – breached parole

Followed 12y girl on way home from school – tried to force her into block of flats but she ran away – offender denied any sexual intent and said he only wanted to have conversation

Had attended sex offender treatment in custody and on release – daily cannabis user - remorse

Chaplin

(2006) 160 A Crim R 85

Attempt s.86(1)

 

 

s.61L

PG

(25%)

6y

NPP 4y

 

2y

NPP 18m

 

Total:

7y

NPP 5y

ADBreached parole for sexual offence

Followed 12y girl from school – placed cloth over month but desisted when she screamed – admitted he intended to touch breasts – followed 19y female on walking track touching her on stomach, head and vaginal area and kissing her on cheek – left when she screamed

Intellectual impairment

RNM

[2006] NSWCCA 375

s.86(1)

 

 

 

s.59

VG at trial for s.86(2)

 

PG

5y

NPP 3y 9m

(concurrent)

 

1y 4m

NPP 12m

ADPrior offences

Believed 16y male victim stole money from offender – approached victim at bus stop and insisted he rob female taking money to bank – victim failed to carry out robbery – detained in car, driven to various places and verbally and physically abused in car – offences committed in company

"Those sentences are, in my opinion, markedly lenient sentences"

Heine

[2008] NSWCCA 61

s.86(1)(b)

PG

(15%)

4y

NPP 2y

AD 

Tied wife to bed with curtain tie – suspected wife was having an affair – threatened her with knife saying he would kill her.

Mental disorder – depressive illness – alcohol dependence

Hussain

(32)

[2010] NSWCCA 184

s.86(1)

 

 

Assault

 

Assault

 

Agg enter dwelling with intent to intimidate

PG

(15%)

2y 2m

NPP 10m

 

FT 7d

 

FT 1m

 

1y 4m

NPP 8m

 

Total:

2y 8m

NPP 1y 4m

ADNil

During argument slapped wife across face – next day followed wife to house where she met lover – accompanied by wife's brother and his wife – broke into house through flyscreen on window – entered house with stick and struck male victim on torso – intention to intimidate – dragged wife to car and drove towards home – wife escaped at tollgate – impulsive offence

Since reconciled – four children – sole income earner

(co-offender sentenced for aggravated enter dwelling only)

Bott

(42)

[2012] NSWCCA 191

s.86(1)(b)

 

Sched:

Intimidation

PG

(25%)

2y 6m

NPP 1y

ADAOABH, conspiracy import proh import, stalk/intimidate,

Standover merchant – acting for principals who were trying to get money back for failed business venture – offender present at meeting to persuade victim, by intimidation, to co-operate - acted as enforcer, who was prepared to intimidate, use violence and kidnap - detained victim for short time – victim's arm twisted and placed in fear - car alarm activated stopping offence

Supportive family – strong work history.

Belghar

(37)

[2013] NSWCCA 245

s.86(1)(b)

 

 

Assault

PG

(10%)

4y 6m

NPP 2y 6m

 

FT 3m

(concurrent)

AD 

Approached sister-in-law in car park of shopping centre – slapped her on face – held her over four storey drop – intended to instil fear of death – seeking psychological advantage of asserting authority – angry about relationship with wife – impulsive act but made threat two months earlier – offence committed in presence of young nieces

Underlying metal condition - delay

Agius

(42)

[2014] NSWCCA 173

s.86(1)(b)

 

 

AOABH

 

AOABH

 

Sched:

4 offences

PG

(25%)

Indicative:

4y

 

3y

 

2y 3m

 

Agg:

6y

NPP 4y 6m

AD 

Domestic violence – prolonged and degrading abuse over many months – on one occasion chained complainant to bed all night to prevent her leaving – threats to kills

Drug addiction

Last updated: 6/11/2017

 

 

 

Aggravated Kidnapping:  s.86(2) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

Aggravated offence:
s.86(2)(a) in company OR
s.86(2)(b) actual bodily harm inflicted
Maximum penalty - 20 years

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Anforth

(29)

[2003] NSWCCA 222

s.86(2)(a)

 

 

 

s.86(2)(a)

PG

(1/3 plea and assist on appeal)

2y suspended

 

 

 

2y suspended (concurrent)

Crown AA

2y

NPP 10m

 

2y

NPP 10m

(concurrent)

Not serious

With 2 co-offenders travelled to place where victims staying – victims forced into car, handcuffed and driven to new location – handcuffs removed with angle grinder – offender left group – victims taken interstate by other offenders and further atrocities committed – offender armed with baseball bat – lesser offender

Remorse – assistance – good character evidence

Newell

[2004] NSWCCA 183

s.86(2)(b)

 

 

Possess prohibited weapon

PG

(20%)

8y

NPP 5y

 

18m

(concurrent)

ADMinor but included firearms offences

Picked up hitchhiker, bought drugs from her and had consensual sex – offender "lost it" - bound and gagged victim and threatened her with chainsaw file - detained victim in his car and his house - put victim in wheelbarrow and took her to bushland – victim escaped after several attempts - victim received severe swelling to hands and had cuts and abrasions over most of body - offence in middle range

Offender had unremarkable background.

Li

[2005] NSWCCA 442

 

 

 

Co-offender:

LIN

s.86(2)(a)

 

Sched:

Aggravated demand money w/menaces

PG

(23.8%)

5y 4m

NPP 3y 9m

AA

5y 4m

NPP 3y 3m

NilChinese student detained, threatened and assaulted over period of time by group of offenders – attempt to extort $20,000.

Williams

(30)

 

 

Saunders

(37)

[2006] NSWCCA 33

s.86(2)(a)

 

 

 

s.86(2)(a)

 

 

Cultivate plant

 

Sched

Deemed supply leaf

VG

(10% on appeal)

 

VG

4y

NPP 2y

 

 

4y

NPP 2y

 

FT 9m

(concurrent)

AA

2y 6m

NPP 18m

 

AD

Minor

 

 

 

Nil – breached bail

Cannabis plants found growing in S's garage during investigation into break in – two days later S and wife picked up 14y burglar and detained in house for several hours – W called in to assist – victim taken to forest area – attempt to find accomplices – offence unplanned and out of character

S – instigator and primary offender

W – prospects of rehabilitation

Lin

(22)

[2006] NSWCCA 258

 

Co-offender:

LI

s.86(2)(a)PG

5y 4m

NPP 3y 9m

AA

5y 4m

NPP 3y 3m

Nil

Chinese student detained, threatened and assaulted over period of time by group of offenders – attempt to extort $20,000.

Parity

Stavropoulos

[2007] NSWCCA 333

s.86(2)(a)PG(1/3 plea and assist)

2y

NPP 10m

Suspended

Crown AD Son died of drug overdose in victim's company – wished to question victim – paid two others to kidnap victim and bring in for questioning

Hammond

[2008] NSWCCA 138

s.86(2)(b)

 

 

Larceny

PG

(25%)

7y 6m

NPP 5y

 

FT 12m

(concurrent)

ADRecordAssaulted wife after evening out – punched and kicked her – forced head onto carpet and held down for ten minutes with foot – forced head into lap and squeezed throat until complainant blacked out – stole credit card

Jeffries

(38)

(2008) 185 A Crim R 500

s.86(2)(b)

 

 

s.86(1)(b)

VG

10y

NPP 7y 6m

 

FT 5y

(concurrent)

ADViolence – breached bail and subject to AVOs

Detained and assaulted partner and her 15y daughter – choked partner and ripped out part of underneath portion of her tongue.

History of domestic violence.

Owens

[2008] NSWCCA 155

 

Co-offender:

CARROLL

s.86(2)(b)VG

6y

NPP 4y

AD In company of co-accused detained pregnant female who had been sharing offender's flat - suspected victim of taking offender's money and wallet.

Kerr

(38)

[2008] NSWCCA 201

s.86(2)(b)

 

Sched:

2 offences

PG

(20%)

11y

NPP 8y

AA

Sentence backdated to reflect pre-sentence custody

Violence, dishonesty – on parole

Recently ended relationship with victim - attended victim's home at night asking that she give him a ride – directed her to isolated area where victim was cut on foot with knife and threatened, punched and kicked – took victim to two homes during course of evening where she was tied with duct tape and subjected to further assaults and threats that she would be killed.

Drug abuse.

Carroll

(57)

[2008] NSWCCA 300

 

Co-offender:

OWENS

s.86(2)(a)VG

6y

NPP 4y

ADViolence, drugs – breached bondIn company of co-accused detained pregnant female victim who had been sharing flat with co-offender- victim suspected of taking co-offender's money and wallet – victim needed to go to hospital with contractions – aider and abettor

Bajouri

(19)

[2009] NSWCCA 125

s.86(2)(a)

 

Sched:

Demand money

Administer stupefying drug

PG

(20%)

6y

NPP 3y

AA

5y

NPP 2y

Insignificant

In company of three others, detained victim for 24 hours demanding victim telephone father for $100k – threat to kill or torture - forced victim to take anti-psychotic tablets – victim aware of gun on table - father telephoned police – victim and father known to offenders through drug supply - offence at upper end – lesser role than co-offenders - became involved at last minute - no part in planning

Parity – younger and lesser criminal antecedents.

Ha

[2010] NSWCCA 83

s.86(2)VG

3y 4m

NPP 2y 6m

ADNil

Lured co-offender's ex-partner to offender's apartment - tried to intimidate victim into providing $50,000 – victim physically attacked – offender obtained around $14,000 - pre-planned offence committed with two others – below mid-range offence.

Good rehabilitation prospects.

Yousif

(21)

[2010] NSWCCA 206

s.86(2)(a)

 

Sched:

s.99(2)

PG

5y

NPP 3y

ADnil

Victim driven to house by group of men in order to give offenders $13,000– participated in hitting victim around the head and threatening him

Stringent bail conditions

Ayoub

(33)

 

El Masri

(32)

 

[2010] NSWCCA 196

s.86(2)(a)

 

 

s.86(2)(a)

 

Sched:

2 offences

VG

 

 

VG

7y

NPP 5y 3m

 

7y

NPP 5y 3m

AD

Record – breached conditional liberty

 

Record including violence

Dispute over purchase of travel agency – two offenders took victim from home and detained him for two days in car repair premises – taken to motel and detained for further five days - took from victim almost $90,000 from bank accounts and forced transfer of car – Ayoub seeking to retrieve money he believed owed to him by victim - El-Masri assisting friend - victim well treated during detention

Hawkins

(26)

[2011] NSWCCA 153

s.86(2)(b)

 

 

 

 

 

 

 

 

Att administer

poison

PG

(25% on appeal)

5y

NPP 3y

 

(JIRS summary says

5y 6m

NPP 3y 6m)

 

 

FT 12m (concurrent)

AA

5y

NPP 3y 3m

 

 

 

 

 

 

FT 12m

(concurrent)

Nil significant

Detained partner of two years in home unit for two days – assaulted victim, threatened to inject dry cleaning fluid and pricked her with syringe

Terrible background – suffered mental illness from early age – alcohol and drug abuse.

Speechley

(19)

[2012] NSWCCA 130

s.86(2)(a)

PG

(25%)

1y 11m (suspended)

Crown AA

23m

NPP 12m

nilFemale – took male victim with intent to assault and intimidate him in company of two co-offenders – after agreeing to meet offenders victim taken in car to reserve – threatened with firearm – unaware male co-offender brought gun – believed victim had tried to rape female co-offender

Akkawi, M

(21)

 

 

 

 

 

 

 

 

 

Akkawi, P

 

[2012] NSWCCA 11

 

[2013] NSWCCA 72

s.86(2)(a)

 

 

 

s.86(2)(a)

 

Sched

2 x Rob in Co

 

 

 

s.86(2)(a)

 

 

s.86(2)(a)

 

 

Discharge firearm w/i GBH

 

Sched:

2 x Rob in Co

PG

(15%)

 

 

 

 

 

 

 

 

 

PG

(15%)

5y 11m 12d

NPP 3y 6m 25d

 

 

6y 9m 16d

NPP 4y 28d

 

Total:

8y 9m 16d

NPP 6y 27d

 

5y 11m 12d

NPP 3y 6m 25d

 

6y 9m 16d

NPP 4y 28d

 

6y 9m 18d

NPP 4y 28d

 

Total

10y 9m 16d

NPP 8y 27d

AA

5y 6m

NPP 3y 3m

 

6y

NPP 4y

 

Total:

7y

NPP 5y

 

5y 6m

NPP 3y 3m

 

6y

NPP 4y

 

6y

NPP 2y 9m

 

Total

9y 3m

NPP 6y

Driving offences - conspiracy to steal – on bail.

 

 

 

 

 

 

 

 

Driving offences – trespass – receiving - offensive language

Brothers - on separate occasions offender's kidnapped two victims seeking whereabouts of third person who had stolen from offenders during drug deal - robbed both victims of their mobile phones – AP shot one victim in leg at close range.

AM: gambling addiction – potential – stable, loving upbringing – student

AP: gambling addiction – troubled upbringing – student

Sen

(31)

[2013] NSWCCA 30

s.86(2)(a)

 

 

 

Rob in Co

 

5y 4m 24d

NPP 4y 18d

 

 

5y 4m 24d

NPP 4y 18d

(concurrent)

AA

4y 9m

NPP 3y

 

4y 9m

NPP 3y

(concurrent)

Minor – breached conditional liberty

Involved in robbery of drug dealer with two females – victim forced into bedroom and stabbed with knife by female offender

History of mental illness

Ball

(26)

[2013] NSWCCA 126

s.86(2)(b)

 

 

 

Drive manner dangerous

 

Sched:

Four offences

PG

(15%)

2y ICO

Crown AA

2y 11m

NPP 1y 6m

 

FT 6m

(concurrent)

Records included assault and breach AVO

Went to assist ex-girlfriend late at night with car – inflicted sustained assault both in and out of car - hitting and kicking -  struck victim with car in arm – forced victim into car and drove at high speed – crashed into street signs – threatened to kill – stole phone –attempted to drag into unit – spontaneous offence

Intoxicated with alcohol and prescription drug – alcohol problem – psychiatric problem – remorse – out of character

Hazell

(27)

[2015] NSWCCA 26

s.86(2)(b)

 

 

AOABH

 

s.35(4)

PG

(25%)

6y

NPP 4y

 

FT 2y

 

FT 3y

(all concurrent)

ADSignificant – violence

Sustained assault of partner after forcing her home from her mother's - detained victim in bedroom of house – kicked, stomped and assaulted victim – threatened with knife – threatened to torture and kill

Violent childhood – alcohol abuse – mental illness issues

Batcheldor

[2015] NSWSC 1168

Bellew J

s.86(2)(b)

 

Acc after fact murder

PG

(10%)

5y

 

4y 6m

NPP 3y 4m

 

Total:

6y 6m

NPP 5y 4m

 Minor drug offences

Female - met with victim and male co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – period of offender's involvement only one hour - victim later killed by co- offender in absence of offender – in series of acts over several days assisted in arrangements to move body – no direct involvement in moving body and unaware body was incinerated – motivated by loyalty

Genuine remorse – good prospects of rehabilitation

Last updated: 6/11/2017

 

 


Specially Aggravated Kidnapping: s.86(3) Crimes Act
Commenced 14.12.2001
[NB: Section 86 originally numbered s.85A]

Specially aggravated offence:
s.86(3) - in company and assault occasioning bodily harm inflicted
Maximum penalty - 25 years

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Davis

(24)

[2004] NSWCCA 310

s.86(3)

PG

(1/3)

4y

NPP 9m

AA

12m GBB

(served 9m NPP)

Nil

With two male co-offenders forcibly removed female friend from residence – victim punched and kneed in stomach and forced into car –returned to offender's house where victim permitted to ring police – motivated by concern to have victim return to care properly for her 3y son

Cook Island community.

JNN

(17)

[2004] NSWCCA 426

s.86(3)

PG

(15%)

3y 4m

1y 10m

3y

1y 6m

(to be served in Juvenile Detention Centre)

Nil

Female offender in company with two female and two male assailants abducted female school acquaintance by car – victim kicked, hit and slapped – hair cut off – made to remove clothes and taunted – abandoned in underwear.

Year 10 student – stable and supportive environment – now studying and working – matured – parity

VL

(15)

[2005] NSWCCA 301

 

[2005] NSWCCA 389

s.86(3)

 

Sched:

AR

Possess cannabis

PG

(25%)

6y

NPP 4y

5y 4m

NPP 3y 6m

Aggravated robbery, BES, Carried in conveyance, Attempt escape custody.  On parole when subject offence committed.

Group of males attacked male doctor in car park – threatened with knife and metal pole – victim robbed of cash and other items - forced into car and to give PIN – assaulted before escape.

Substance dependent disorder.

Barlow

(19)

(2008) 184 A Crim R 187

s.86(3)

PG

(35% plea and assist)

15m 2w

NPP 5m 2w

ADNil

Female assaulted and terrorised male cousin over two hours with unidentified male associate – little planning – vigilante action in response to being sexually assaulted by cousin four years earlier

Prior good character

Flentjar

(31)

[2008] NSWSC 771

Buddin J

s.86(3)

 

 

s.86(3)

PG

8y 6m

NPP 5y 6m

 

8y 6m

NPP 5y 6m

 

Total

10y

NPP 7y

 Minor

Aider and abettor to two co-offenders – male victim lured to house, assaulted and hogtied – wife subsequently lured to house and also hogtied – left house before both victims murdered – believed action taken in retaliation for sexual assault on daughter of co-offender – failed to assist victims – callous disregard

Previously good character – contrition – assistance

Dong

 

 

Tran

(43)

 

Nguyen

(26)

 

[2010] NSWCCA 107

s.86(3)

 

 

s.86(3)

 

 

s.86(3)

VG

 

 

VG

 

 

VG

8y

NPP 6y

 

10y 10m

NPP 8y

 

9y 2m

NPP 7y

AD

 

 

AD

 

 

AD

Includes AR – breached bond

 

Prior record including manslaughter

 

Lengthy custodial history

N and T attempted to detain victim for financial advantage, assisted by D – caused ABH – struggle outside club – shots discharged

T - leader – mid range gravity

N – difficult childhood – drug addiction

Tattersall

(35)

[2011] NSWCCA 282

s.86(3)

 

Sched:

Supply drug

PG

(10%)

14y 5m

NPP 11y

ADRecord for violence – released from custody two days before offenceDetained 18y male at house – sustained assault over seven hours – punched, kicked and hit with baseball bat – tattooed with word DOG on forehead – forced to sign over car – threats to kill victim, friends and family – offence committed in company – 5 young children sleeping in house – angered over sexual relationship between victim and offender's girlfriend – serious injuries – very high end of range of seriousness

Khan

[2012] NSWCCA 74

s.86(3)VG

4y 6m

NPP 2y 8m

Conviction AD 

Victim voluntarily accompanied two co-offenders to offender's home - beaten by co-offenders in presence of offender – told he could not leave until paid $7,000 - threatened with knife

No further details provided.

Jinette

[2012] NSWCCA 217

s.86(3)

 

 

Escape

 

 

Robbery

 

Aggravated take motor vehicle

 

Sched:

2 driving offences

PG

(25%)

9y

NPP 6y 9m

 

2y 3m

NPP 1y 8m 7d

 

FT 2y

 

6y

NPP 4y 6m

 

Total

10y

NPP 7y 9m

ADExtensive

Escaped from minimum security prison farm by cutting hole in fence – next morning approached female in car park of nearby town – threatened her with screwdriver and forced her into car – drove for lengthy period of time at excessive speed with victim in car – police abandoned pursuit – took bankcard from victim – lots control of car and crashed

Dysfunctional childhood – poor prospects of rehabilitation

Wilken

(24)

[2013] NSWCCA 304

s.86(3)

PG

(10%)

7y 2m

NPP 5y 2m

ADAssault, AOABH, stalking, stealing - on bond.Three offenders drove with female victim to house in search of male - took victim's keys so she could not leave – choked victim with material around neck and threats made

M O

(15)

[2014] NSWCCA 11

s.86(2)

PG

(25%)

18m

NPP 9m

AA

12m GBB

nil

Female victim punched in face by two co-offenders outside unit – walked back to unit and forced into bedroom – assault continued – offender punched victim once in face – limited involvement

Aboriginal with violent and deprived childhood – alcohol and drug abuse – mother to young child – remorse – prospects of rehabilitation

Sheen

[2014] NSWCCA 42

s.86(3)

 

 

Common assault

PG

7y 2m

NPP 5y 2m

 

FT 3m

 

Total:

7y 5m

NPP 5y 5m

AD

 

Conviction AA (s166 back-up charge quashed)

 

Four co-offenders sought to collect $200 debt of $200 owed by male victim – offender took swing at victim (common assault) – victim escaped – one co-offender forcibly entered car of victim's girlfriend waiting nearby – female victim physically assaulted and threatened - made to drive car as directed in search of male victim with other offenders following in their vehicle - threatened with being killed and facially disfigured – choked with fabric around her neck – hailed down police car - joint criminal enterprise

Instigator of offence to recover money – clear role in inciting co-offenders to aggression and violence.

Morrison

(50)

[2014] NSWCCA 199

s.86(3)

 

 

s.86(3)

VG

7y

NPP 4y

 

7y

NPP 4y

 

Total:

13y

NPP 9y

ADLengthy

Two young male victims detained for different periods of time by female offender and her partner – victims were friends of offender's daughters – victims subjected to ongoing physical and mental abuse - regular violence, threats, starvation and other mistreatment to compel them to support daily running of house and to remain living there – offender and partner exercised full psychological control over victim - virtually enslaved – serious physical injuries - high level of objective seriousness and moral culpability

Dysfunctional upbringing – depression, low self-esteem – rehabilitation prospects not hopeful

Carroll

[2015] NSWCCA 219

s.86(3)

 

 

 

common assault

 

s.52A(2)

 

 

s.166

6 offences

 

Sched:

Drive under influence

PG

7y 2m

NPP 4y 6m

 

 

FT 3m

 

5y

NPP 3y 9m

 

(concurrent)

 

Total

10y 9m

NPP 8y 1m

AA

7y 2m

NPP 4y 6m

 

FT 3m

 

5y

NPP 3y 9m

 

(concurrent)

 

Total

8y 9m

MPP 6y 1m

Breached bond

Drove while drinking and smoking marijuana – 120khp in 60kph zone – lost control and collided with pole killing friend – on separate occasions attended service station with two co-offenders to discuss debt with male victim – victim threatened and chased – pursued victim's girlfriend in car – female victim pulled from car and assaulted – forced to drive car and throttled around neck with dress

Dysfunctional childhood resulting in substance abuse

On appeal accumulation excessive

Sorenson

[2016] NSWCCA 54

s.86(3)

 

 

 

s.114(1)(a)

 

s.61M(1)

 

 

s.59(2)

VG

Indicative

10y

 

 

3y

 

3y

NPP 2y 3m

 

3y 3m

 

Agg:

12y

NPP 8y

AA

Indicative

8y

 

3y

 

3y

NPP 2y 3m

 

2y

 

Agg:

11y

NPP 7y

Lengthy

Spent evening drinking with male co-offender, and three female acquaintances – co-offender initiated attack on female after allegation she attempted to steal from co-offender's mother – victim detained for several hours – hit and punched – forced to remove clothes – touched around breasts and stomach – made to crawl like a dog – forced to apologize – escaped when car stopped at petrol station – quasi-vigilante – obtained gratification by punishing and humiliating

Drug user – poor prospects of rehabilitation

Williams

(54)

[2017] NSWCCA 7

s.86(3)

PG

(5%)

3y 3m

NPP 1y 9m

ADMinor

Arranged for victim to attend offender's jewelry store at arranged time – four other men also attended – victim detained in workshop and punched in face – dispute over money owed – offender remained outside workshop and did not anticipate actual violence – co-offenders took victim away to storage unit and took property

Out of character

Al Saadi

(20)

[2017] NSWCCA 110

s.86(3)

PG

(35% plea and assist)

3y 3m

1y 7m 15d

AD 

Three co-offenders took 16y male to river bush area – questioned victim about statements he made about them - punched and kicked victim – offender kicked victim 20-30 times as hard as he could - grabbed victim, threatened to throw him into water and struck with tree branches - assaults took place over an hour

Subordinate role – joint criminal enterprise.

Hall

[2017] NSWCCA 260\

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:
SORENSON

​s.86(3)

 

 



Armed with intent to commit offence

Indecent assault



AOABH


Supply prohibited drug

​VG

 

 

 

 

 

 

 

 

 

 

PG
(10%)

Indicative

10y




3y


3y
NPP 2y 3m


3y 3m


2y 9m

 

Agg
12y
NPP 8y

​AA
Indicative
8y



3y


3y



2y


2y 9m

 

Agg
10y
NPP 7y

Lengthy including kidnapping – breached conditional liberty​Spent evening drinking with male co-offender, and three female acquaintances – after allegation she attempted to steal from offender's mother female victim detained for several hours – hit and punched – forced to remove clothes – touched around breasts and stomach – made to crawl like a dog – forced to apologize – escaped when car stopped at petrol station – quasi-vigilante

Drug user – serious mental health issues

Last updated: 6/11/2017

 

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