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

 

Manslaughter - Arson

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Brown

NSWSC

(McInerney J)

19.3.1993

Arson

Diminished Responsibility

VGPriors

MT 8y

AT 8y

 Six killed in Backpackers Hostel

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.

Hampton

(22)

NSWSC

Dunford J

17.10.1997

 

(1998) 101 A Crim R 399

 

Mackey

(18)

NSWSC

Dunford J

17.10.1997

 

[1999] NSWCCA 167

Unlawful & dangerous

Arson

Accessory

PG

3 x mansl

 

Sched:

Robb

 

 

 

 

PG

3 x mansl

lengthy record including robbery and mal damage.  On parole and bail.

 

 

 

 

 

priors including assault, stealing, BES

MT 8y 6m

AT 2y 6m

 

 

 

 

 

 

 

MT 6y

AT 2y

AD

 

 

 

 

 

 

 

 

AD

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

H: Aboriginal female - good prospects of rehabilitation.

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

Hayne

NSWCCA

18.9.1998

Unlawful & dangerous

Negligence

Arson

VG FT 18mAD

Arguing with wife - splashed petrol around living room and set it alight - tried to rescue wife but failed.

Suffered severe burns himself.

Gunes

[1999] NSWSC 130

Newman J

Diminished responsibility

Arson

PGassault - not relevant.

MT 5y

AT 7y

 

Poured petrol over father and set him alight

Longstanding family dispute - history of mental illness - depression, paranoid schizophrenia

Olig

(36)

[2000] NSWSC 1246

Adams J

 

[2002] NSWCCA 249

Unlawful and dangerous

Arson

VG

(at murder trial)

no significant prior convictions

12y

NPP 8y

AD

Deliberately set fire to house killing estranged de facto wife - surprised by speed of fire and made attempts to put it out and rescue V - angered by V defrauding him over house payments - actions directed primarily at house.

No remorse - deprived and difficult childhood

Huynh

[2003] NSWSC 1066

Kirby J

Negligence

Arson

VG

(murder trial – small discount for offer)

Nil

6y

NPP 3y 6m

 

During argument with ex-wife poured methylated spirits around kitchen and lit lighter – unexpected ignition – no intention to hurt wife

Excellent character evidence, including from V's parents – deep remorse – excellent prospects of rehabilitation – care of young son

Soon

(71)

[2008] NSWSC 622

Grove J

Substantial impairment

Arson

PG

(25%)

Nil

9y

NPP 5y 6m

 

Female - set fire to house with estranged husband inside – husband quadriplegic and unable to leave bed – intent to kill – offence committed to prevent husband pursuing property claim in divorce proceedings – well planned offence

Depression

SS

(40)

[2010] NSWSC 1169

Kirby J

Unlawful and dangerous

Arson

PG

(17.5%)

Minor offences

6y 7m

NPP 3y

 

Female set fire to house in attempt to commit suicide – rescued by partner who died from burns – intoxicated and upset at time of offence

Suffered serious burns – troubled background and chaotic life with drug and alcohol abuse and mental disorders – previously set fire to bedroom in similar manner being rescued by neighbours – good prospects of rehabilitation

Madden

(50)

[2013] NSWSC 710

Hidden J

Unlawful and dangerous

Arson

PG

(15%)

Not significant

7y

NPP 4y

 

Lived with two males V and P – following argument between V and P offender threw methylated spirits on V's coat and ignited it with cigarette lighter – V collapsed almost immediately – offender left – V probably suffered cardiac arrest because of being set on fire - all three chronic alcoholics – offender severely intoxicated

Rehabilitation – remorse – alcoholism.

Khan

(46)

[2016] NSWSC 1073

Fullerton J

Arson

Unlawful and dangerous

VG

Murder

 

 

2 x Mansl

 

 

Recklessly cause GBH

 

Reckless wound

 

s.197(1)(b)

Nil

Indicative:

30y

NPP 22y

 

20y

NPP 15y

 

5y

NPP 3y 9m

 

3y 6m

NPP 2y 8m

 

4y

 

Agg:

40y

NPP 30y

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

Last Updated: 29.3.2018

 

 

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