Back to Top

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.

 

Manslaughter - Accessory

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Cotton

NSW SC

Hunt J

28.6.1990

Provocation

Assault – general

Accessory

Juvenile

VG 

MT 2y

AT 18m

 

Assaulted V with de facto - could not determine which blows caused death - V had verbally insulted offender.

Intellectual disability and limited insight.

French

(16y)

NSW SC

Wood J

2.10.1990

 

JPL

(16y 5m)

NSWCCA

5.10.1994

 

J

(16y 4m)

NSW CCA

5.12.1992

 

Young

NSW SC

B-Parker J

15.4.1991

Unlawful and dangerous

Assault – general

Juvenile

Accessory

PG

 

 

 

 

 

PG

 

 

 

 

 

PG

 

 

 

VG

(at murder trial)

priors and tragic upbringing

 

 

 

no priors

 

 

 

 

 

No priors

 

 

 

No priors

 

MT 4y 6m
AT 2y

(assistance)

 

 

 

MT 7y

AT 2y

 

 

 

 

MT 5y 6m

AT 2y 6m

(assistance)

 

MT 5y

AT 3y

 

 

 

 

 

 

AA

MT 6y

AT 3y

8 young people involved in assault - telephoned number from toilet wall to arrange meeting with homosexual - bashed him to death

F – involved in assault

JPL – took part in assault but intended only to bash and rob

J – involved in attack

Y – did not physically participate in attack – intended less serious harm - completed HSC and some employment - emotionally immature – remorse - low risk of reoffending.

Three offenders convicted of murder (Howard & Ors (1992) 29 NSWLR 242)

Morabito

(1992) 62 A Crim R 82

Shooting – domestic

Accessory

VGnil

MT 8y

AT 2y 6m

ADArranged for lover to shoot husband during day leave from gaol - V record for violence, involved in organised crime and history of domestic violence - lured V to place of killing and supplied gun - genuine fear that V would kill her and children if he found out about affair.

Aslan

(18)

NSWSC

Ireland J

1.11.1994

 

El Kerdi

(17)

NSWSC

Ireland J

1.11.1994

 

Co-offender:

EL BADAR

1995

Unlawful and dangerous

Shooting – general

Juvenile

Accessory

Fight

PG

 

 

 

 

 

PG

Record for violence.  Bail at time of offence.

MT 2y

AT 3y

(assistance, cumulative)

 

 

MT 3y

AT 3y

(assistance)

 

Drive by shooting at dance party - three shots fired, killing one person and injuring another - retaliation for being forced to leave party after fight.

El-Kerdi – shooter - possibly under the influence of Rohypnol at the time - early plea.

El Badar

(17)

NSWCCA

3.4.1995

 

Co-offenders:

ASLAN

EL KERDI

1994

Juvenile

Shooting – general

Accessory

Fight

PGNil

MT 2y 5m

AT 2y 7m

(Assistance)

ADWith group of youths had altercation with another group at dance party – left and armed selves with various weapons before returning in offender's car - five shots fired as drove past party killing victim – offender armed with machete and did not fire gun

Edwards

NSWSC

Dowd J

9.8.1996

Accessory

Shooting - general

PGserious although not extensive - no violence

MT 5y 4m

AT 2y 8m

 

Joint criminal enterprise to rob pizza shop - employee fatally shot by co-offender – offender drove car and remained in car at all times - aware of gun but did not check if loaded

Difficult childhood - suffering Hep B - remorse - prospects of rehabilitation – youth – ADD

Camp

(45)

NSWCCA

3.9.1996

Unlawful & dangerous

Accessory

Arson

VGno prison

MT 5y

AT 3y

ADAccessory before the fact - arranged to have shop burnt down - resident living over shop died.

Lamb

NSWCCA

3.4.1997

Unlawful and dangerous

General

Accessory

VGnil

MT 2y

AT 2y

AD

Female - principal in second degree - co-offender injected self, offender and V with drug - V asked for more and offender reluctantly agreed to have co-offender inject more - tried to obtain help - intended no harm.

Low intellectual capacity – Aboriginal - assistance re drug dealer - rehabilitation.

SAE

(15)

NSWCCA

3.4.1997

Accessory

Juvenile

Shooting - general

PGlong record - real and continuing risk to community

MT 1y 6m

AT 2y 3m

AA

MT 1y 3m

AT 2y 6m

(to allow for PSC)

Acted as look out during robbery - security guard shot.

Newman

(20)

NSWSC

Barr J

3.9.1997

Accessory

Stabbing - general

PG

Mansl

AOABH

priors - on bail

MT 6y

AT 2y 10m

(concurrent sentence)

 Unprovoked attack with co-offender on group of strangers leaving hotel - armed with metal bar - co-offender stabbed V who was attempting to protect friend from attack by offender - joint criminal enterprise to intimidate and inflict less than serious harm.

Mackey

(18)

NSW SC

Dunford J

17.10.1997

 

[1999] NSWCCA 167

Unlawful & dangerous

Arson

Accessory

PG

3 x mansl

Priors including assault, stealing, BES

MT 6y

AT 2y

AD

Fire at private residence killed one adult and two children – co-offender H instigator and principal offender - M principal in second degree - both had previous arguments with occupants of house.

M: Aboriginal male - good background - genuine remorse - excellent prospects of rehabilitation.

Lewis

[1999] NSWSC 131

Sully J

Unlawful and dangerous

Stabbing – general

Accessory

PGmal wound with w/i GBH; on bail and parole

MT 6y

AT 3y

 

Member of Rebel Motorcycle Club - helped bouncer remove V who was being a nuisance at hotel - punched and kicked V - left scene but other club members continued assault - V stabbed to death

Seriously assaulted in gaol because wife giving evidence - good prospects of rehabilitation - backdated 4y for time already served

Nguyen

[1999] NSWSC 592

McInerney J

 

[2000] NSWCCA 45

Unlawful and dangerous

Fight

Assault – general

Accessory

PGnil

MT 3y

AT 1y

(PSC 2y)

AD

Group attack on V at dance hall following dispute - hit V with baseball bat - unprovoked assault - part of common enterprise to assault and attack V

Good character and family support.

Suters

(19 – 27 at sentence)

[2000] NSWSC 1116

Greg James J

Accessory

Assault - general

PGnil2y PD 

8 years ago involved in burglary at victim's house - V assaulted and died from heart attack when surprised co-offender inside house - offender waited outside house and acted as lookout - helped remove body - co-offender dealt with as accessory after homicide and placed on recog.

Good rehabilitation - assistance - Ellis discount - remorse.

Stelfox

(21)

[2001] NSWSC 630

Howie J

 

(2002) 133 A Crim R 288

NSWCCA

 

Co-Offenders:  SINGLETON

DENTON

Accessory

Shooting - general

PG

(45% plea and assist)

nil relevant

5y

NPP 2y 6m

AD

Male shot dead during attack by three men, including offender - pay back for insulting behaviour of V towards mother of one offender - volunteered to join enterprise - aware of presence of shotgun - joint criminal enterprise to carry out unlawful and dangerous acts - intended to inflict harm with weapons capable of inflicting serious injury

Offence out of character - mildly affected by drugs - depressed as result of offence - remorse.

Singleton

(19)

 

Denton

(20)

 

[2001] NSWSC 850

Howie J

 

Co-offender:
STELFOX

Joint criminal enterprise

Shooting - general

VG at murder trialnil

9y

NPP 5y 6m

 

10y

NPP 6y

 

Male shot dead during attack by four men as pay back for alleged insulting behaviour of V towards mother of one offender - joint criminal enterprise to threaten and use force if necessary - firing of shotgun an unexpected incident.

D - instigator of offence - manipulated co-offenders for own purposes.

Puta

(38)

 

 

Nitovic

(30)

 

 

Curry

(24)

 

Mackic

(37)

 

Oldham

(31)

 

 

Nanai

(28)

 

[2001] NSWSC 225

Hidden J

 

Puta, Nitovic, Nanai

[2002] NSWCCA 495

 

Curry

[2002] NSWCCA 109

Accessory

Shooting - general

VG

(murder trial)

serious drug offence - parole

 

 

brief record

 

 

 

minor

 

 

minor

 

 

assault and firearms offences

 

minor assault - on recog

11y

NPP 7y

FT 3m (cum)

 

10y

NPP 6y

 

 

10y

NPP 6y

 

10y

NPP 6y

 

10y

NPP 6y

 

 

8y 6m

NPP 5y

AD

 

 

 

AD

 

 

 

AD

 

 

 

 

 

 

 

 

 

AD

2 men ambushed by 9 men - both men shot dead - reason for assault or who fired shots unclear - jury satisfied each man was party to assault and knew of presence of guns, but were not satisfied they contemplated guns would be used to kill or wound.

AP - also sentenced for contempt of court - Albanian - difficult childhood - remarkable behaviour as a prisoner - genuine remorse

ZN - Serbian - disturbed and violent upbringing - hard worker supporting four children - currently in stable and supportive marriage - well regarded by prison authorities - seriously injured in incident - suffering low grade depression - rehabilitation - onerous bail conditions.

RC - Samoan - good upbringing – de facto relationship with two children - remorse - good record as a prisoner - drove ZN to hospital probably saving his life and increasing risk of detection.

GM - Bosnian - father to 2 children - well regarded by prison authorities.

RO - stable and supportive childhood - well regarded by prison authorities.

SN - subsidiary role - impressive character evidence - in very stable marriage with one daughter.

All offenders dealt with as "high risk" prisoners while on remand.

Masson

(23)

[2001] NSWSC 1037

Howie J

Unlawful and dangerous

Assault – general

Accessory

VG

(at murder trial)

nil

7y 6m

NPP 4y 6m

 

Went with co-offender to house of 75y female acquaintance to borrow money – co-offender unexpectedly suffocated V –continued involvement in robbery out of fear - contemplated unlawful and dangerous act by co-offender during robbery - aware that co-offender had knife.

Co-offender Symss sentenced for murder: [2001] NSWSC 1037 / [2003] NSWCCA 77

Supportive family

Dang

(21)

[2001] NSWCCA 321

Accessory

Stabbing - general

VG

(at murder trial)

 

PG

Rob in company

 

Use weapon to avoid appreh

nil

7y 6m

 

 

 

2y

 

 

 

2y 6m

 

Total:

10y

NPP 6y 6m

AD

Involved in robbery with co-offender - during escape separated from co-offender - injured male pursuer with knife - co-offender stabbed another male to death

Remorse - good background with supportive family - need for counselling for lack of insight and drug use

Clissold

[2002] NSWSC 429

Greg James J

 

[2002] NSWCCA 356

Accessory

Assault – general

Unlawful and dangerous

PG

(20%)

Mansl

 

AOABH

record includes assaults

14y

NPP 8y

 

 

FT 4y

 

Total:

16y

NPP 10y

Crown AD

Sergeant of arms of Bikie gang involved in bashing of male inflicting club discipline - assaulted and threatened home owner with knife - V taken and savagely beaten to death - offender not present at time of fatal assault - culpability high

Good character evidence - low intelligence

CVH

(15)

[2002] NSWSC 1160

O'Keefe J

 

[2003] NSWCCA 237

 

[2004] NSWSC 205

O'Keefe J

Accessory

Juvenile

Stabbing - general

VG

Mansl

 

Assault

 

Affray

not relevant

10y

NPP 6y

 

FT 2y

 

FT 1y

(all concurrent)

AA

remitted for re-sentence

 

 

Re-sentence - manslaughter

8y 6m

NPP 5y

Gang attack on two victims outside amusement centre - mistakenly believed V belonged to gang responsible for assault on friend - one V stabbed in shoulder - second V stabbed in heart by co-offender - willing party to serious attack.

Difficult childhood resulting in early drug addiction - genuine remorse

Leyman

(30)

[2002] NSWSC 1226

Hidden J

Unlawful and dangerous

Stabbing – general

Accessory

Fight

PGold and brief record

5y 6m

NPP 3y

 

Co-offender became involved in argument with homeless men outside house - returned to argument with L and knife - V stabbed when impaled self on knife - no intent to kill - history of tension between residents and homeless men

L - accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury - alcohol abuse - good character evidence - remorse

Diab

(19)

[2003] NSWSC 978

Shaw J

 

[2005] NSWCCA 64

Unlawful and dangerous

Shooting – general

Accessory

Fight

PG

(25%)

 

Sched:

Affray

2 x Firearms offences

Nil

9y

NPP 6y

AD

With juvenile co-offender became involved in altercation with 18y male on street - co-offender shot V at close range in chest – unpremeditated - aware of presence of loaded gun but not aware MA would shoot

2 days before threatened male at service station with loaded pistol - prior good character and strong prospects of rehabilitation.

MA sentenced for murder: [2003] NSWSC 978 / (2004) 145 A Crim R 434 [2004] NSWCCA 92

O'Connor

(25)

[2003] NSWSC 1041

Whealy J

 

 

Co-Accused: AVAKIAN

Unlawful and dangerous

Assault – general

Accessory

PG

(15%)

Record

5y 2m

NPP 3y 2m

 

Part of group of males who approached another group in street late at night – V threatened by co-offender pretending mobile phone was gun – V assaulted by all members of group – ultimately died from stab wound – unclear who did stabbing

Difficult childhood – Remorse – Reasonable prospects of rehabilitation

Avakian

(21)

[2003] NSWSC 1042

Whealy J

 

 

Co-Accused: O'CONNOR

Unlawful and dangerous

Assault – general

Accessory

PG

(15%)

Breached GBB and PD

5y 6m

NPP 3y 6m

 

Part of group of males who approached another group in street late at night – threatened V and pretended mobile phone was gun – V assaulted by all members of group – ultimately died from stab wound – unclear who did stabbing – stabbing not taken into account – instigator of incident

Difficult childhood - early drug addiction – reasonable prospects of rehabilitation

Vongsouvanh

(28)

 

Namalauulu

(24)

 

[2003] NSWSC 1203

Whealy J

 

[2004] NSWCCA 158

 

Co-Offender:

HAYES (2004)

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Drug related offences

 

Lesser record

6y 9m

NPP 4y

 

6y 9m

NPP 4y

Crown AD

 

 

Crown AD

2 females became involved with another in struggle with fellow male drug user – not aware co-offender had knife prior to struggle – continued involvement after production of knife – V stabbed 4 times in stomach – prevented V defending self or escaping then ran away and left him

KV – Born in Laos – mother of young child – some evidence of rehabilitation from drug addiction

FN – Born in Samoa –mother of young child – some evidence of rehabilitation from drug addiction

Forbes

(29)

[2004] NSWSC 421

Hulme J

 

(2005) 160 A Crim R 1

NSWCCA

Unlawful and dangerous

Fight

Stabbing – general

Accessory

Excessive self defence 

Shooting – general

PG

(12%)

Mans

 

VG

Mansl

(at murder trial - 12% for offer to plea)

Lengthy record – breached parole

12y

NPP 9y

 

 

 

12y

NPP 8y

 

Total:

19y

NPP 15y

AA

9y

NPP 6y 9m

 

 

12y

NPP 8y

 

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – male stabbed by friend – aware friends intoxicated and had knife – aware risk knife would be used

3 months later took loaded gun to confront male acquaintance over disputed issues – aware V violent – shot V in caravan in subsequent struggle – second shot fired while V on or near floor – intent to kill

Low prospects of rehabilitation

V D N

(17)

[2004] NSWSC 426

Whealy J

Unlawful and dangerous

Juvenile

Stabbing – general

Accessory

PG

(15%)

 

Att AR

Drug offences

6y 9m

NPP 3y

 

FT 15m

(concurrent)

 

Involved in attempted robbery on Asian couple leaving store with daily takings – assaulted and detained female with knife – male assaulted by two co-offenders and fatally stabbed in chest – 2 shots fired into rear tyre by co-offender – aware knife would be presented during robbery

Evidence of rehabilitation from drug abuse – genuine remorse

Hayes

(26)

[2004] NSWSC 1195

Campbell AJ

 

Co-Accused:

Vongsouvanh (2003)

Namalauulu (2003)

Unlawful and dangerous

Stabbing – general

Accessory

PGMinor record – similar to Namalauulu

6y 9m

NPP 4y

 

Female – involved with two other females in struggle with fellow male drug user – Crown unable to establish who did stabbing - V stabbed 4 times in stomach

Difficulty as aboriginal child adopted by non-indigenous family – drug addiction – protective custody – good prospects of rehabilitation

Mawson

(18)

 

 

 

 

 

 

Robins

(18)

 

 

 

 

 

 

 

JWC

(16)

 

[2004] NSWSC 561

Buddin J

Assault – general

Juvenile

Accessory

PG

Mansl

 

Agg Rob

 

 

 

 

 

PG

Mansl

 

Agg Rob

 

 

 

 

 

PG

Mansl

 

Agg Rob

Minor

 

 

 

 

 

 

 

 

Nil

 

 

 

 

 

 

 

 

Nil

6y 6m

NPP 4y

 

FT 2y 6m

 

Total:

7y 3m

NPP 4y 9m

 

6y 6m

NPP 4y

 

FT 2y 6m

 

Total:

7y 3m

NPP 4y 9m

 

5y 6m

NPP 3y 1m 26d

 

FT 2y

 

Total:

6y 6m

NPP 4y 1m 26d

 

Fatal assault by group of intoxicated youths on male stranger in street at night - second male assaulted and money stolen from wallet – intoxication – spontaneous

Each offender suffered difficult childhood – depression - low intelligence - alcohol abuse - some prospects of rehabilitation - remorse.

Hampton

(18)

[2004] NSWSC 1215

Bell J

Joint enterprise

Assault – general

PG

(20%)

 

Agg enter dwelling with intent to assault

Record including assault

6y 4m

NPP 3y 4m

 

FT 2y 8m

 

Total:

7y 4m

NPP 4y 4m

 

3 men forced entry into home of drug male V – V found with large skull fracture – subsequently group forced entry into home of second male and assaulted occupant

Aboriginal with difficult childhood – intoxicated

Clifford

(19)

[2005] NSWSC 521

Adams J

 

(2005) 156 A Crim R 577

NSWCCA

Shooting – general

Accessory

Fight

VG

(at murder trial)

 

Mal cause GBH

On bond for assault

6y

NPP 3y

 

 

3y

NPP 1y 8m

(concurrent)

Crown AA

7y 6m

NPP 4y 6m

 

3y

NPP 1y 8m

(concurrent)

Initiated argument with group of men on street – co-offender came to assistance, shooting two of men - one fatally - one permanently injured

Subjected to violence by mother's boyfriends – functionally illiterate – drug and alcohol use – substance-induced mental illness – remorse – good prospects for rehabilitation

Co-offender AB sentenced for murder: [2005] NSWSC 521 / (2005) 156 A Crim R 577 [2005] NSWCCA 360

Nguyen

(23)

[2005] NSWSC 600

Johnson J

Accessory

Shooting - general

PG

(15%)

Criminal record for traffic offences only

6y

NPP 4y

 

With co-offender stopped male V in street – V shot dead by co-offender and second male shot in arm – intended minor assault – not aware of gun – part of longstanding feud

Vietnamese

MJN

(15)

[2005] NSWSC 694

Mathews AJ

Excessive self defence

Assault – general

Juvenile

Accessory

VG

(at murder trial)

 

PG

Steal from dwelling

Nil relevant

6y

NPP 2y 6m

 

 

FT 1y

 

Total:

7y

NPP 3y 6m

 

With older male cousin assaulted male acquaintance in home with iron bar and beer bottle – stole property – attended home with intent to assault – retaliation for earlier confrontation

Under influence of older cousin – pre-existing criminal enterprise to assault – Aboriginal - remorse

King

(36)

 

Bugmy

(33)

 

 

 

 

CJ

(16)

 

[2006] NSWSC 161

Buddin J

Fight

Assault - general

Accessory

Juvenile

PG

(20%)

Minor

 

 

Extensive including violence – breached parole

 

nil

6y

NPP 3y 8m

 

7y 6m

NPP 4y 4m

 

 

 

 

4y 4m

NPP 2y 8m

 

History of animosity between two aboriginal family groups in small town – male associated with one family threatened by group associated with second family including offenders – V assaulted by offenders armed with rocks and known weapons – fatal assault to head

K – stable family life – good conduct in custody despite onerous conditions

B – tragic background – partially blind – alcohol problems

CJ – difficult childhood – good use of time in custody – low cognitive skill – good character

Clay

(19)

 

Lonsdale

(24)

 

[2006] NSWSC 1220

Buddin J

Unlawful and dangerous

Fight

Assault – general

Accessory

PG

 

 

PG

Minor traffic

 

 

Minor drug

5y

NPP 3y

 

6y 8m

NPP 4y

 

Male assaulted on front lawn of house by group of males – all intoxicated – C punched V to head at commencement of affray – subsequently watched assault – L assaulted V with mattock handle and kicked and punched V – V refused medical attention and later died of ruptured spleen caused by assault with mattock handle

C – lesser offender – out of character – remorse

L – psychotic illness

Esposito

(33)

[2006] NSWSC 1454

Latham J

Assault – general

Accessory

Unlawful and dangerous

VG

(murder trial - 15% for offer)

Predominantly property offences

6y 10m

NPP 4y

 

Present when co-offender fatally assaulted male V – assault in retaliation for threats made by V to offender's de facto wife and children – assisted in dumping body – party to agreement to assault V aware of co-offender's qualifications in martial arts

Tragic childhood – heroin abuse – positive de facto relationship

Nagle

[2007] NSWCCA 75

Unlawful and dangerous

Assault – domestic

Accessory

VG

Mans

 

Unlawful imprisonment

 

5y

NPP 2y 9m

 

FT 6m

(concurrent)

Conviction AD

Flatmate became increasingly violent and threatening – Handcuffed to chair – fatally assaulted by co-offender

Delay

M Taufahema

(25)

[2007] NSWSC 959

Grove J

 

 

 

 

Co-offender

J TAUFAHEMA

Unlawful and dangerous

Shooting – general

Accessory

PG

(18.5%)

Priors including violence – breached parole

11y

NPP 7y

 

Driver of car with four occupants and unlicensed firearms – car stopped by highway patrol police officer – officer shot dead by co-offender – contemplated possibility that someone would discharge firearm without intent to kill or cause GBH

Father to young daughter – prospects of rehabilitation – onerous conditions of custody for some period of incarceration – genuine remorse – history of trial and appeals raising element of double jeopardy

Taiseni

(30)

 

 

 

 

 

 

 

 

Tuifua

(33)

 

[2007] NSWSC 1090

Latham J

Unlawful and dangerous

Fight

Assault – general

Accessory

PG

(20%)

Manslaughter

 

Maliciously inflict GBH

 

Sched:

Supply heroin

 

PG

(10%)

Manslaughter

 

Maliciously inflict GBH

Summary - Assaults and weapon offences

 

 

 

 

 

 

Nil

4y

NPP 2y

 

 

FT 2y 5m

 

Total:

5y

NPP 3y

 

3y 7m

NPP 2y 2m

 

 

FT 2y 8m

 

Total:

4y 7m

NPP 2y 2m

 

Co-offender L involved in argument over use of pool table with V2 – ejected from hotel – returned with co-offenders and attacked V2 – co-offender M swung bar stool at V2 and fatally struck V1 (hotel employee) in head – V2 kicked in head

Taiseni - presence only – Tongan – married with two children – genuine remorse – good prospects of rehabilitation

Tuifua – presence only – Tongan – married with four children – genuine remorse – excellent prospects of rehabilitation

Charman

(20)

[2007] NSWSC 1177

Hulme J

 

 

Co-offenders:
HORAN [2008]
BOXX [2009]

Unlawful and dangerous

Assault – general

Accessory

PG

(40% plea and assist)

Minor – breached bond

6y

NPP 4y

 

Willingly participated in break and enter – driver of car waiting outside house – intellectually disabled occupant fatally assaulted by co-offenders using torch

Voluntarily surrendered to police – assistance – good work record – remorse

Error by sentencing judge as to starting date meant offender gained benefit of three months on bail – sentencing judge declined to correct error

Siose

(18)

[2007] NSWSC 1202

Hidden J

Accessory

Fight

Stabbing - general

PG

(15%)

Brief

6y 9m

NPP 3y 9m

 

Young stranger stabbed by co-offender during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Philippino – evidence of rehabilitation and remorse

Co-offender SSA sentenced for murder

Lu

(32)

[2007] NSWSC 1259

Price J

 

(2008) 190 A Crim R 109

NSWCCA

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy – breached bond

9y 4m

NPP 6y 2m

AD

One month before offence had violent confrontation with V – on day of offence saw V walking down street - collected co-offender – chased V with iron bar – struck mother of V then punched V in face – co-offender fatally stabbed V – unaware co-offender armed with knife - intended only to assault – co-offender acquitted at murder trial

Vietnamese with traumatic background

A.S.Jones

(43)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

 

Co-offenders:

A JONES

SM JONES

S JONES

E JONES

Excessive self-defence / Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial - 15% for offer)

Mansl

 

Mal wound

 

Sched:

4 off

Nil

8y 3m

NPP 5y 3m

 

 

 

 

FT 18m

 

Total

9y

NPP 6y

 

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self-defence and provocation – offenders convicted of alternative offences at trial for murder and attempt murder

Father to A Jones and son of S Jones - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

S.M.Jones

(32)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

S JONES

E JONES

Excessive self-defence / Provocation

Fight

Stabbing – general

Accessory

PG

(15%)

Mansl

 

 

Mal wound

Minor

8y 3m

NPP 5y 3m

 

 

 

FT 18m

 

Total

9y

NPP 6y

 

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self-defence and provocation

Evaded police and voluntarily surrendered during trial of other offenders

A.Jones

(21)

[2007] NSWSC 1333

Buddin J

 

[2009] NSWCCA 169

 

 

 

 

 

Co-offenders:

AS JONES

SM JONES

S JONES

E JONES

Excessive self-defence / Provocation

Fight

Stabbing – general

Accessory

VG

(at murder trial – 15% for offer)

Mansl

 

Mal wound

 

Assault

Minor

 

8y 3m

NPP 5y 3m

 

 

 

 

FT 18m

 

FT 4m

 

Total

9y

NPP 6y

AD

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self-defence and provocation –  offenders convicted of alternative offences at trial for murder and attempt murder

Son of AS Jones - remorse – prospects of rehabilitation

S.Jones

(64)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

SM JONES

E JONES

Excessive self-defence / Provocation

Fight

Stabbing – general

Accessory

VG

Mansl

 

Mal wound

Minor

7y 9m

NPP 4y 9m

 

FT 18m

 

Total

8y 6m

NPP 5y 6m

 

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self-defence and provocation – offenders convicted of alternative offences at trial for murder and attempt murder

Father to AS Jones and S Jones and grandfather of A Jones

E.Jones

(female)

63)

[2007] NSWSC 1333

Buddin J

 

 

 

 

 

 

 

Co-offenders:

AS JONES

A JONES

SM JONES

S JONES

Excessive self-defence / Provocation

Fight

Stabbing – general

Accessory

VG

Mansl

 

Mal wound

Nil

7y

NPP 4y 6m

 

FT 12m

 

Total

7y 6m

NPP 5y

 

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self-defence and provocation –offenders convicted of alternative offences at trial for murder and attempt murder

Culpability slightly less – wife of S Jones, mother to AS Jones – health problems – isolation from family (most in custody)

Kaiser

(34)

 

 

 

 

Hunt

(19)

 

[2007] NSWSC 1362

Barr J

 

(Kasier)

[2009] NSWCCA 130

Unlawful and dangerous

Shooting – domestic

accessory

PG

 

Sched:

Supply amphet

 

PG

Breached conditional liberty – record for ADVO offences

 

Priors – breached conditional liberty

10y 11m

NPP 8y 2m

 

 

 

 

9y

NPP 6y 9m

AD

K angry with former lover over ending of relationship and drug debt – arranged for H to 'deal with' her – H fired three shots at house killing V – carefully planned offence

K – instigator and planner – drug addictions – bipolar disorder in remission

H – chose to use gun

Frazer

(52)

 

Spencer

(37)

 

[2007] NSWSC 1449

Howie J

Joint criminal enterprise

Shooting - general

VG

 

 

VG

Old record

 

 

Extensive record

11y

NPP 7y 6m

 

13y

NPP 9y 6m

 

S organised armed robbery of male flatmate in early hours of morning – F and co-offender participated in robbery - during robbery co-offender shot V in head – both S and F aware co-offender armed with loaded firearm but did not foresee would be used with required intent

Co-offender Wilson sentenced for murder: [2008] NSWSC 238

J. Taufahema

[2007] NSWSC 1460

Grove J

 

 

Co-offender

M TAUFAHEMA [2007]

Accessory

Shooting - general

PG 

11y

NPP 7y

 

Total:

(see facts)

14y

NPP 10y

 

One of four occupants in stolen car – co-offender shot police officer – participation in offence of unauthorised possession of firearms contemplating possible discharge of firearm without required intent

Sentenced after earlier trial for related offences of unauthorised use of weapon to prevent lawful apprehension, attempted carjacking and use firearm without authority

Ibrahim

(27)

[2008] NSWSC 268

Price J

 

[2009] NSWCCA 15

 

Co-offenders:

KR

PR

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Priors – breached bail

9y 4m

NPP 6y 6m

AD

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – premeditated offence – joint criminal enterprise

Difficult childhood

Horan

(20)

[2008] NSWSC 990

Studdert AJ

 

 

Co-offenders:
BOXX [2009]

CHARMAN [2007]

Unlawful and dangerous

Assault – general

Accessory

VG

(murder trial – 40% offer to plead and assist)

 

Sched:

3 x firearms

Nil

6y

NPP 4y

 

Party to agreement to rob V at home to obtain money and documents – visited residence earlier posing as security guard – accompanied co-offender to house at night and stood watch – V fatally assaulted by co-offender with torch – motivated by financial gain

Remorse – favourable prospects of rehabilitation – pleaded guilty to manslaughter – evidence against co-offender – onerous custodial condition

KR

(25)

 

 

 

PR

(21)

 

[2008] NSWSC 970

Price J

 

Co-offender

IBRAHIM

Unlawful and dangerous

Stabbing – general

Accessory

PG

(50% plea and assist)

 

 

PG

(50% plea and assist)

 

Sched: assault

AOABH and intimidate police – not agg factor

 

Intimidate police – not significant

5y 2m

NPP 3y 7m

 

 

 

5y 2m

NPP 3y 7m

 

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence – PK punched victim's brother

Difficult childhood – remorse – good prospects of rehabilitation – unlikely to reoffend – valuable assistance in unrelated matter – protective custody and witness protection

Kari

(19)

 

 

 

 

 

 

H

(16)

 

[2008] NSWSC 993

Hidden J

Unlawful and dangerous

Juvenile

Shooting – general

Joint criminal enterprise

PG

(15%)

Mansl

 

Sched:

Home invasion

 

PG

(15%)

Mansl

 

Sched:

Rob in co

Dishonesty and drug offences – breached bail and bond

 

 

 

 

Alarming record for violence – breached probation

7y

NPP 4y 6m

 

 

 

 

 

 

6y

NPP 3y 6m

 

Part of group of men attending V's house intending to shut down drug operation – K handed gun by H at last minute – during subsequent struggle K fired shot voluntarily but without intent – V fatally hit in chest – reluctant participants

K – remorse – family support – good prospects of rehabilitation

H – prospects of rehabilitation

Jackson

[2009] NSWSC 168

Howie J

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy record – breached parole

8y

NPP 5y 6m

 

Involved in armed robbery of restaurant with co-offender – co-offender entered restaurant armed with club lock from stolen car and stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only

Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse

Co offender sentenced for murder – Webb [2008] NSWSC 1351

Boxx

(19)

[2009] NSWSC 298

Studdert AJ

 

Co-offenders:

HORAN [2008]

CHARMAN [2007]

Unlawful and dangerous

Assault – general

Accessory

VG

(at murder trial)

Nil priors – subsequent drug offence

10y

NPP 7y 6m

 

Party to agreement to rob V at home to obtain money and documents –accompanied Horan into house armed with torch - V fatally assaulted with torch – unclear who inflicted blows – joined plan late – V mild degree of mental handicap

Fair prospects of rehabilitation

Mealey

(34)

[2009] NSWSC 202

Fullerton J

Unlawful and dangerous

Assault – general

Accessory

PG

(25%)

Manslaughter

 

Rob in Co

dishonesty

4y

NPP 2y 2m

 

 

FT 18m

(concurrent)

 

Knocked on door of unit of neighbour to co-offender – co-offender forced open door knocking 87y male occupant to ground – V robbed of money and left injured in unit behind locked door – no attempt to obtain assistance - hospitalised for fractured hip and died of complications ten days later – co-offender dominant offender – intent to rob for money to buy drugs

M - aider and abettor and failure to provide assistance to V – V vulnerable and deliberately chosen by co-offender

M – female - aboriginal with difficult childhood including sexual abuse – abusive relationship with boyfriend – drug addiction – low intelligence – homeless – influenced by co-offender – recent attempt at rehabilitation makes positive prospects of rehabilitation - remorse

TT

(20)

 

ET

(25)

 

[2009] NSWSC 437

Lathan J

Excessive self defence

Stabbing – general

Fight

Accessory

PG

(15%)

Breached bond for minor offence

 

Nil

6y 3m

NPP 3y 3m

 

 

6y

NPP 3y

 

TT and younger brother became involved in fight on street with group of men including V – woke brother and returned to scene armed with sword and knife – Victim stabbed by younger brother – TT and ET charged on basis of participation in affray in knowledge that serious physical injury could result – moderately below mid-range

TT and ET suffered skull fractures from affray – good prospects of rehabilitation – no problem with alcohol and drugs - remorse

DGP

(16)

 

 

 

 

 

 

 

 

PB

(16)

 

[2009] NSWSC 1154

Hall J

 

[2010] NSWSC 1408

Hall J

 

Co-offender:
CW

Unlawful and dangerous

Assault – general

Juvenile

Accessory

PG

(20%)

 

 

 

 

 

 

 

 

PG

(20%)

Nil

 

 

 

 

 

 

 

 

 

Limited history

8y

NPP 5y

 

7y 11m 20d

NPP 4y 11m 20d

(sentence adjusted to allow full term to be spent in juvenile detention centre)

 

5y

NPP 3y

 

Three young males kicked and assaulted intoxicated male walking across oval – mistakenly believed V had called out abuse – spontaneous attack with no pre-planning – kicked to head by co-offender – PB initiated verbal attack but no actual physical attack and therefore lesser culpability – seriousness of offence towards high end of range

DGP – prior good character – intoxicated – low intelligence – remorse – good prospects of rehabilitation – aboriginal descent – sentence adjusted to allow total time in detention centre

PB – remorse – rehabilitation – good prospects of rehabilitation

CW

(16)

[2009] NSWSC 1155

Hall J

 

[2011] NSWCCA 45

 

Co-Offenders:

DGP

PB

Unlawful and dangerous

Assault – general

Juvenile

Accessory

VG

(at murder trial)

Nil

9y

NPP 6y

AD

Joint criminal enterprise – group of three young males kicked and assaulted male on oval – offender kicked V on ground – spontaneous attack with no pre-planning – unprovoked attack

Prior good character

Whitmore

(35)

[2009] NSWSC 520

Adams J

Accessory

Fight

Stabbing - general

PG

(10%)

Assaults

6y 6m

NPP 4y

 

Male stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – offender and sister emerged from house in response to comment made by V – offender armed with knife but inflicted only minor wounds during argument – sentenced on basis did not advert to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – lower range of culpability - sister sentenced for murder

History of alcohol and drug abuse – suffering depression – good prospects of rehabilitation

Scott

(26 at offences – 37 at sentence)

[2010] NSWSC 1026

Hidden J

Accessory

Shooting - general

PG

(15%)

Mansl

 

Armed Ass w/I rob

nil

11y

NPP 8y

 

 

FT 5y

 

Total:

12y

NPP 9y

 

Pleaded as accessory before fact to each offence – arranged for co-offenders to cause ex-business partner physical harm and steal money – angered by soured business relationship – provided photo of V and gun but no ammunition – V shot dead in struggle – paid co-offender $50,000 after being threatened – reasonable person would have anticipated risk of serious injury – no intent to have V shot

Co-offender Grupe [2007] NSWSC 1303 sentenced for murder

Colley (No.4)

(18)

[2010] NSWSC 1475

Rothman J

Accessory

Unlawful and dangerous act

Assault - general

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

AA

(17)

 

 

 

AC

(17)

 

 

 

SS

(17)

 

[2010] NSWSC 495

Kirby J

 

[2010] NSWSC 703

Kirby J

(AA only)

Accessory

Assault – general

Juvenile

VG

(at murder trial – 10% for offer)

 

VG

(at murder trial – 25% for offer)

 

VG

(at murder trial – 15% for offer)

Nil

 

 

 

 

Nil

 

 

 

 

Nil

6y 3m

NPP 3y 7m

 

 

 

5y 3m

NPP 3y

 

 

 

5y 11m

NPP 3y 4m

 

 

V fatally assaulted by group of youths – retaliation for V's abuse of ex-partner known to AC and SS – after discussion at fast food restaurant weapons collected at nearby house and V assaulted while walking along road – opportunistic offence of short duration – metal pole, wooden axe handle and golf club used - equal culpability

AA – physically involved in attack – struck V with weapon – limited involvement – tried to pull attackers away when realised attack gone too far – born in Kuwait – good rehabilitation in custody – profound remorse

SS - probably struck V with wooden handle on legs twice – also tried to pull attackers away – outstanding rehabilitation - remorse

AC – drove assailants to and from attack – major turnaround in custody with good rehabilitation - remorse

Co-offenders Tatchell and Wildsmith sentenced for murder: [2010] NSWSC 495 / [2012] NSWCCA 116

Aslett

(18)

[2011] NSWSC 650

Harrison J

 

 

 

Co-offender:

ASLETT

Accessory

Fight

Shooting – general

VG

(at murder trial - 25% discount for offer)

Extensive

7y

NPP 4y 6m

 

Argument with male V over alleged burning of cousin's car – with cousin returned home to arm selves with machete and baseball bat – aware another cousin armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – offender struck V with baseball bat cousin shot V in back – all offenders fled scene – just below mid-range

Anger management problems

Barghachoun

(21)

[2011] NSWSC 1534

Johnson J

 

Co-offender:
AH

Accessory

Fight

Stabbing - general

PG

(20%)

Short record

4y

NPP 2y 3m

 

Involved in fight between two groups of youths and men at night – responded to call for assistance and attended scene armed with metal pole expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

Good prospects of rehabilitation - remorse

AH

(16)

[2011] NSWSC 1535

Johnson J

 

[2013] NSWCCA 32

 

Co-offender:
BARGHACHOUN

Accessory

Fight

Stabbing – general

Juvenile

PG

(20%)

Record – breached bond

4y

NPP 2y

AD

An instigator of fight between two groups of youths and men at night – agreed to several confrontations – continuing argument with male from second group – called for assistance and attended scene armed with metal pole and expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

Immaturity

Costa

(29)

[2011] NSWSC 1392

RA Hulme J

 

 

 

 

 

Co-offenders:
PIRINI

AOULI

LA ROSA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Manslaughter

 

Affray

Nil

6y 7m

NPP 3y 4m

 

 

FT 2y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Secretary of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – met Club members alighting from plane having arranged for attendance of other members at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender - involved in scuffle but did not punch or kick – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse – good work ethic – married with two children

La Rosa

(37)

[2011] NSWSC 1394

RA Hulme J

 

Co-offenders:
PIRINI

AOULI

COSTA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(15%)

Manslaughter

 

Affray

Driving offences – on bail for driving offence

6y 7m

NPP 3y 3m

 

 

FT 2y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Treasurer of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation - remorse

Aouli

(28)

[2011] NSWSC 1393

RA Hulme J

 

[2012] NSWCCA 104

 

 

 

Co-offenders:
PIRINI

COSTA

LA ROSA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Manslaughter

 

Affray

Priors including assault – breached bail

5y 8m

NPP 3y

 

 

FT 2y 5m

 

Total:

6y 2m

NPP 3y 6m

AD

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having arranged for additional members to meet at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender – did not throw punch – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse – good employment history

Pirini

(21)

[2011] NSWSC 1395

RA Hulme J

 

 

 

Co-offenders:
LA ROSA

AOULI

COSTA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(20%)

Manslaughter

 

Affray

Driving offences

6y

NPP 3y

 

 

FT 2y 2m

 

Total:

6y 6m

NPP 3y 6m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros including offender – involved in scuffle but did not punch or kick – during affray outside security area involved in fight with single member of rival club but did not use weapon and did not assault manslaughter V – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse

Forbes

(20)

[2011] NSWSC 1547

Harrison J

 

 

Co-offender:

SHEDDEN [2012]

Accessory

Fight

Shooting - general

PG

(50% plea and assist)

nil

3y

NPP 1y 6m

 

Part of group chasing another group due to earlier altercation – V armed with knife – shot by co-offender – offender not armed but aware co-offenders were – shooting was not intended – no planning.

Protective custody – special circumstances – assistance to authorities - prior good character.

Second co-offender sentenced for murder Shedden [2012] NSWSC 854

Menzies

(26)

[2012] NSWSC 158

RA Hulme J

 

 

 

 

Co-offenders:
PIRINI [2011]

AOULI [2011]

LA ROSA [2011]

COSTA [2011]

HAWI [2015]

Accessory

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

(15%)

Mansl

 

VG

Affray

Two incidents of violence in public place

7y 2m

NPP 3y 8m

 

 

3y

 

Total:

7y 8m

NPP 4y 2m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having – involved in affray where member of rival club pursued and assaulted inside security gate by Comencheros – present during affray outside security area where manslaughter V fatally assaulted and stabbed - sentenced for participation in joint criminal enterprise to commit unlawful and dangerous act in circumstances which objectively carried appreciable risk of serious injury being caused

Aboriginal - left Club - good prospects of rehabilitation – genuine remorse

Humphries

(25)

[2012] NSWSC 419

RA Hulme J

 

Unlawful and dangerous act

Assault – general

Accessory

PG

(15%)

Nil

6y

NPP 3y 9m

 

With W and others, assaulted V during a planned "drug deal rip-off" – not the principal offender but  was armed with bat and assisted in assault of V and bringing V to ground – assisted with disposal of body – had role of "back-up" - blindly followed W's lead who was manipulative – at time of assault, offenders did not know that they had killed V - W convicted of murder.

Prior good character – employed – suffered injuries through employment – support of family, friends – remorse – rehabilitation prospects - special circumstances – first period of imprisonment.

Co-offender White sentenced for murder [2012] NSWSC 1573

HT

(17 / 34)

[2012] NSWSC 656

Hidden J

Accessory

Juvenile

Stabbing - general

VG

(murder trial – 30% for offer to plead and assist)

 

Rob in Co

Little of significance

6y 6m

NPP 2y3m

 

 

 

 

FT 3y 6m

(concurrent)

 

1995 offence – robbed 16y school boy walking home from sports training – co-offender armed with knife – V stabbed by co-offender during struggle – aware of knife and contemplated use to scare V

Evidence of rehabilitation – assistance against father of co-offender for accessory after fact to murder

Aslett

(22)

[2012] NSWSC 711

Harrison J

 

 

 

Co-offender:

ASLETT

Accessory

Fight

Shooting - general

VG

(at murder trial - 25% for offer)

Assault

6y 3m

NPP 4y

 

Argument with male V over alleged burning of brother's car – with cousin returned home to arm selves with machete and baseball bat – brother armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – brother shot V in back – all offenders fled scene – just below mid-range

Difficult childhood – temper problem – partner with young child

Shedden

(31)

[2012] NSWSC 759

Fullerton J

 

[2013] NSWCCA 225

 

 

 

Co-offender:
FORBES [2011]

Unlawful and dangerous

Shooting – general

Fight

Accessory

PG

(25% plea and assist)

violence

9y

NPP 6y 9m

AD

Male shot dead emerging from car that had been lured into suburban street – attack retaliation for earlier assault by V on several members of group – allowed house to be used for planning of assault on V and present during attack - aware someone in group of assailants had gun – played a principal role – high degree of criminality

Protective custody - lost all contact with family, wife and children

Brother sentenced for murder Shedden [2012] NSWSC 854

O'Brien

(19)

 

 

 

 

 

McManus

(19)

 

 

 

 

 

Williams

(23)

 

[2012] NSWSC 1503

Price J

Unlawful and dangerous act

Shooting - general

Accessory

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

Malicious wound, rob in co

 

 

 

 

Rob in co, Driving with drugs

 

Assaults, AOABH, on bond

7y 10m

NPP 5y 6m

 

 

FT 4y 3m

(concurrent)

 

7y 8m

NPP 5y 4m

 

 

FT 4y 1m

(concurrent)

 

8y 1m

NPP 5y 9m

 

 

FT 4y 6m

(concurrent)

 

V was part of group who had arranged to supply ecstasy to offenders – offenders planned to rob suppliers and on-sell drugs for significant financial gain - V died from gunshot wound to head – gun fired from vehicle driven by offenders - each offender sentenced on basis he did not fire gun and did not know of weapon.

O'Brien – substance abuse – schizophrenia

McManus – substance abuse – good rehabilitation prospects

Williams – tragic early life following death of mother – early use of drugs and alcohol – prospects of employment – family support - special circumstances

Brown

(23)

[2013] NSWSC 715

Grove AJ

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VG

Reckless GBH.

 

5y

NPP 3y

 

With 3 other co-accused confronted V over belief offender damaged prized motor vehicles – V arrived armed with gun and discharged shots – all offenders chased and assaulted V - S inflicted stab wound – element of provocation

Aboriginal – deprived upbringing – mild intellectual disability

Co-offenders sentenced for murder: Sutcliffe, Hoskins, Moulds: [2013] NSWSC 715 / [2014] NSWCCA 208 / [2014] NSWCCA 207 / [2016] NSWCCA 157

McCulloch

(23)

 

 

Biffin, B

 

 

 

 

 

 

Biffin, A

(31)

 

[2013] NSWSC 894 Rothman J

Unlawful and dangerous

Accessory

Assault - general

PG

(1/6th)

Violence, dishonesty, BES, driving

 

Stealing; illegal use motor vehicles; BES; malicious damage; drugs; driving.

 

Drug offences.

6y 8m

NPP 3y 4m

 

 

7y 1m

NPP 3y 7m

 

 

 

 

 

5y 10m

NPP 2y 11m

 

Four offenders planned to rob drug dealer of drugs and money - V assaulted at premises and died – Crown unable to nominate which offenders involved in assault

McCullogh - difficult upbringing – drug and alcohol abuse from young age – little formal schooling -  rehabilitation – remorse – special circumstances

Biffin, B - difficult upbringing – drug and alcohol abuse from young age – children - rehabilitation – special circumstances

Biffin, A – difficult upbringing – drug and alcohol abuse –children – little formal schooling – employed from time to time – rehabilitation – remorse – family support – special circumstances

Co-offender Smith [2012] NSWSC 1565 sentenced for murder

Barnes

(30)

[2013] NSWSC 1627

Price J

 

[2014] NSWCCA 224

 

 

Co-offender:
TUIVAGA

Assault - general

Fight

Accessory

PG

(12.5%)

Agg BES, AR. On parole.

7y

NPP 5y

AD

With others attended house regarding drugs – drove vehicle and waited in front yard – saw others attack V – aware gun has been brought - party to joint criminal enterprise to assault V - participated to extent of remaining present throughout attack, ready and willing to assist - did not foresee either death / GBH or it being achieved by use of a weapon

Two other co-offenders charged with murder

Lockett: [2013] NSWSC 1555

Brown [2013] NSWSC 1557 / [2015] NSWCCA 11

Tuivaga

(29)

[2013] NSWSC 1626

Price J

 

[2015] NSWCCA 145

 

 

Co-offenders:

BARNES

Accessory

Fight

Assault - general

PG

(12.5%)

Reckless wounding – breached bail

6y 6m 23d

NPP 4y 6m

AD

Joint criminal enterprise to assault victim – aware co-offender intended to assault male victim over money and text messages – became involved in physical fight – co-offender struck V on head with gun (believing it was a pole) and gun discharged killing V – cowardly attack by group – unaware of gun

Father to three young children – wife suffering cancer – onerous custodial conditions – suffering depression

Co-offenders Brown [2013] NSWSC 1557 and Lockett [2013] NSWSC 1555 sentenced for murder

Page

(24)

[2013] NSWSC 1711

Latham J

Accessory

Assault - general

VG

(at murder trial – 25% for offer)

Mansl

 

s.98

Breached bail for similar offences – offences for violence

9y

NPP 6y

 

 

 

 

6y

NPP 4y

(concurrent)

 

With co-offender attempted to rob elderly man on train – co-offender struck victim on head with pane of glass causing death

TT

(43)

[2014] NSWCCA 206

Accessory after factVGNil

4y

NPP 3y

AD

Offender's mother killed young girl who was family friend and living with them, by throwing hammer at V's head – assisted in disposal of body and lying to distract both V's family and police - lies and deception sustained over period in excess of 2 years

Difficult upbringing – depression

Robertson

(44)

[2014] NSWSC 1401

Harrison J

Unlawful and dangerous

Accessory

Stabbing - general

PG

(15%)

 

10y 8m

NPP 8y

 

Part of a joint criminal enterprise involving unlawful and dangerous act – agreement to "rough up" or assault male target in return for drugs – offender drove co-offender to place where target worked – stayed in car – co-offender mistakenly stabbed 15y son of target V in chest killing him – V was a 15 year old boy - no knowledge co-offender armed with knife/weapon or would kill or inflict GBH.

Rehabilitation prospects – good family support – no previous violence

Co-offender sentenced for murder: McArthur [2014] NSWSC 1401

Hunter (No 15)

(37)

[2014] NSWSC 1456

Button J

Unlawful and dangerous

Accessory

Assault – general

Fight

VGViolence offences; lengthy

8y

NPP 6y

 

Fight on street with V and others – V hit offender with metal pole on head – offender left scene but returned and brutally assaulted V with weapons – V hit on forehead – died a few days later – revenge attack – planned – small degree of provocation

Cognitive functioning affected to a limited degree at time of offence by earlier blows to head - disadvantaged deprived background – Aboriginal

Dennis

(26)

 

 

Elwood

(21)

 

[2014] NSWSC 1615

Hulme J

 

Elwood

[2016] NSWCCA 18

Accessory

Stabbing - general

VG

(at murder trial)

 

Mans

 

 

Assault with intent to rob

Violent offences – breached bond

 

nil

5y

NPP 3y

 

 

4y 6m

NPP 2y 6m

 

3y 6m

NPP 2y 6m

 

Total:

5y

NPP 3y

 

 

 

 

 

 

 

 

 

 

AD

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – victim surrounded by all four men in front yard - stabbed four times by co-offender McKellar

E - party to robbery – aware of presence of weapon – subordinate to McKellars – Aboriginal – prospects of rehabilitation - remorse

D - party to assault – not aware of weapon – Aboriginal – father to seven children – evidence of rehabilitation – remorse

Co-offenders E & B McKellar sentenced for murder: [2014] NSWSC 1243

D'Ambrosio

(50)

[2014] NSWSC 1685

Adamson J

Unlawful and dangerous

Accessory

Assault - general

PG

(10%)

Drug offences. On parole.

9y 10m

NPP 7y 5m

 

Threatened with violence by V over non-payment of drug debt - arranged for group of men to come to offender's residence at time appointed for repayment for protection - V struck by mallet and baseball bat - offender orchestrated conflict that led to V's death – planning and deliberation - limited remorse.

Criminal history began late in life and resulted from drug addiction

Tabbah

(22)

[2014] NSWSC 1764

Schmidt J

Accessory

Shooting general

VGLengthy. Rob in company, AOABH.

14y

NPP 10y

 

Co-offender shot V at close range in chest at night through window –joint criminal enterprise to commit robbery – planned offence - remained to assist co-offender knowing he had loaded gun and contemplated gun would be discharged.

High risk of committing further violent offences – special circumstances.

Co-offender Tirkai sentenced for murder –[2014] NSWSC 1764

F Barbieri

(45)

[2014] NSWSC 1808

Hulme J

Accessory

 

Substantial impairment

 

Stabbing - general

PG

(10%)

Mansl

 

Use off weapon to prevent apprehend

 

Sched:

2 offences

nil

9y

NPP 6y 6m

 

 

FT 4y 6m

 

Total:

10y

NPP 7y 6m

 

Female lived with 19y son on rural property - Relationship with neighbour became antagonistic – son fired crossbow at workers on neighbour's property – siege developed with police – attacked police with knife and sledgehammer – police officer fatally stabbed by son – mother aware of possibility of infliction of GBH – mother was dominant offender

Mother suffered serious mental illness causing paranoia and social isolation

Son sentenced for murder: [2014] NSWSC 1808 / [2016] NSWCCA 295

AN

(15)

[2014] NSWSC 1879

Hall J

 

AN (No.2)

[2015] NSWSC 308

Hall J

 

Co-offenders:

JP

JH

Accessory

Juvenile

Unlawful and dangerous

Assault - general

PG

(15%)

Nil prior – subsequent break and enter offences

5y 11m

NPP 3y

 

Order made under s.19 to remain in juvenile detention until 21 years

 

Present in group of 6 during attack on victim outside party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – retaliation for victim speaking to police after being robbed months earlier – AN did not strike victim and not initiator of attack – bottom of hierarchy of co-offenders

Good prospects of rehabilitation

JH

(15)

[2014] NSWSC 1878

Hall J

 

[2017] NSWCCA 22

 

Co-offenders:

JP

AN

Accessory

Juvenile

Unlawful and dangerous

Assault - general

VG

(at murder trial)

nil

10y

NPP 7y

ADPresent in group of 6 during attack on 17y victim outside a party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – attack was retaliation for victim speaking to police after being robbed months earlier – part of group decision to attack victim

Hawi

(28)

[2015] NSWSC 206

Hoeben CJ at CL

 

 

 

Co-offenders:

PIRINI [2011]

COSTA [2011]

LA ROSA [2011]

MENZIES [2012]

AOULI [2011]

Stabbing – general

Accessory

Fight

Unlawful and dangerous

PG

(17.5%)

Nil significant

6y 2m

NPP 3y 6m

 

President of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury – aggravating factor that it took place in public airport

Good prospects of rehabilitation – good family support

Telemete

(30)

[2015] NSWSC 909

Adams J

Unlawful and dangerous

Assault – general

Fight

Accessory

VG

(murder trial – 25% for offer)

Trivial offence

7y 6m

NPP 4y 6m

 

Fight between group of Samoan born men and Victim and friends after midnight on street – all intoxicated – V assaulted and kicked by co-offender – offender inflicted some injuries – V died from positional asphyxiation – offender left scene unaware of seriousness of injuries

Genuine remorse – out of character – good prospects of rehabilitation

Duffy (No.7)

(34)

[2015] NSWSC 1321

Davies J

 

[2017] NSWCCA 77

Unlawful and dangerous

Assault - General

Accessory

VG

(at murder trial)

Mansl

 

PG

(25%)

Steal from dwelling house

Contravening domestic violence restrictions, break and enter, behave offensive manner.

12y

NPP 8y

 

 

 

FT 2y

 

Total:

12y 8m

NPP 8y 8m

AD

Female co-offender strangled female V with belt around her neck while offender held V down - V met co-offender at hotel and invited offender, co-offender and others to parents' place – all parties affected by drug and alcohol– V killed after sexual involvement with offender – buried in shallow grave at property – guns and other property stolen from property after killing - spontaneous killing - above mid-range of objective seriousness

No psychiatric or psychological issues - drug and alcohol abuse – lack of remorse – poor prospects of rehabilitation – continued illicit drug use in custody - supportive family.

Co-offender sentenced for murder: Evans [2015] NSWSC 254

RC

(46)

[2016] NSWSC 98

RA Hulme J

Unlawful and dangerous

Assault - general

Robbery

Accessory

PG

(40% - plea and assist)

Mansl

 

Rob in Company

Extensive record although minor violence – breached parole

5y

NPP 3y 7m

 

 

 

FT 3y

(concurrent)

 

Joint plan between four offenders - victim lured by co-offender to park for robbery - beaten to death by co-offender D – well acquaintance with D's propensity to violence – lesser role than co-offenders – element of duress (fear of D) – assaulted in prison and in dock by D

Itinerant and anti-social lifestyle – drug use – limited cognitive resources reducing moral culpability and deterrence – remorse

One co-offender sentenced for rob in company

D sentenced for murder: [2016] NSWSC 444

Bloodsworth

(22)

 

 

 

Errington

(29)

 

[2018] NSWSC 79

Adamson J

Unlawful and dangerous

Assault – domestic

Accessory

VG

(at murder trial)

Common assault

 

 

 

Armed robbery, robbery, firearm offences

11y

NPP 7y 6m

 

 

 

8y 5m

NPP 6y 4m

 

Female (B) and male (E) offenders - victim was E's half-brother –offenders were ice addicts living with victim – drug addiction caused tension with victim - following argument co-offenders punched and assaulted victim, hog-tied and gagged him and left him in unit – returned two hours later to discover victim had died – did not contact police but made arrangements for their escape - above mid-range but not in most serious category.

B: lack of remorse – drug addiction

E: assistance – remorse – drug addiction

TP

(mid 30s)

[2018] NSWSC 369

Hamill J

Criminal negligence

Young child

Accessory

PG

(20% plea and assist)

minor traffic

4y

NPP 18m

 

Mother failed to remove 12y daughter from danger and obtain medical treatment – aware victim brutally subjected to severe physical abuse over many years by male partner – aware of extent and seriousness of abuse – offender and second daughter also subjected to abuse – failed to obtain medical treatment after threats by partner and fear of losing children - but on occasions obtained treatment for herself

Offender suffering batter women's syndrome – PTSD and depression – significantly reduced culpability – effect of custody

Male partner sentenced for murder JK [2018] NSWSC 250

Last Updated: 29.3.2018

Back to Sentencing Tables Index