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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 - Asphyxiation / Strangulation  

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Dodd

(1991) 57 A Crim R 349

(NSWCCA)

Unlawful and dangerous

Assault - general

PG 3y PD

Crown AA

FT 3y

Strangled V after she refused sex - voluntary disclosure of guilt to otherwise unsolved crime after 10 years - had sex with woman's body - affected by drugs

Haynes

NSW SC

Studdert J

25.3.1994

Diminished responsibility

Young child

Assault - domestic

PG

2 x Mansl

driving offence

MT 6y

AT 6y

 

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

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

Forsyth

(20)

NSWSC

Finlay J

26.7.1994

Diminished responsibility

Assault - domestic

PG 

MT 4y

AT 4y

 

Bashed / strangled girlfriend's mother

Brain damage as result of assault - loss of self-control

Dawney

(30)

[1999] NSWSC 944

Barr J

Substantial Impairment

Young child

Assault - domestic

PGnil

MT 5y

AT 3y

 

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

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

Nguyen

(mid 40s)

[1999] NSWCCA 333

Unlawful and dangerous

Assault - domestic

PG

Mansl

 

Kidnapping

 

2 x Mal discharge rifle

 

Sched:

6 x discharge firearm

nil

MT 6y

AT 4y

 

FT 4y

 

FT 4y

(all concurrent)

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

Duthie

(35)

[1999] NSWSC 1224

Newman J

Diminished responsibility

Assault - general

PGlong criminal record

MT 5y

AT 3y

 

Strangled friend/cell mate in suicide pact - both prisoners on remand and intended to commit suicide – euthanasia

Suffering chronic schizophrenia - hepatitis C.

Wang

[2000] NSWSC 447

Adams J

Substantial impairment

Assault – domestic

Young child

PGnil

6y

NPP 4y

 

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

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

Graham

(20)

[2000] NSWSC 1033

Whealy J

Unlawful and dangerous

Assault - general

VG

(at murder trial)

nil

5y

NPP 3y

 

Became involved in homosexual encounter with stranger in park - pursued by victim when changed mind and attempted to disengage - strangled victim in headlock acting in unreasonable fear for safety.

Youth - good character - suffering depression - isolated incident.

Hawkins

(76)

[2001] NSWSC 420

O'Keefe J

Substantial impairment

Assault - domestic

PG

(25%)

nil

3y

NPP 2y

 

Strangled wife of nearly 50 years – suffering depression - adverse reaction to overdose of Zoloft (anti depressive medication)

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

Adamson

(19)

[2001] NSWSC 499

Howie J

 

(2002) 132 A Crim R 511

NSWCCA

Unlawful and dangerous

Assault - general

PG

(10%)

Mansl

 

2 x Agg Sex Ass

malicious wounding

11y

NPP 7y 6m

 

 

8y

 

Total:

14y

NPP 10y 6m

AD

During party had vaginal and anal intercourse with victim knowing she was not consenting - deliberately placed hand over victim's mouth and nose to prevent her calling out, causing asphyxiation.

Raised alarm and attempted to resuscitate victim.

Cooper

(21)

[2001] NSWSC 769

Simpson J

Infanticide

Young child

Assault - domestic

PG 4y GBB Female - smothered 7 month old daughter – also had 2y old at time of killing - difficult and abusive childhood - suffering depression prior to and after birth of all children - unable to cope with responsibility.

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

Tran

(25)

[2003] NSWSC 373

Greg James J

Unlawful and dangerous

Assault - domestic

PGNil

5y

NPP 2y 3m

 

Went to bed with partner – both intoxicated – killed partner during night – possibly suffocated – verging on automatism due to intoxication and sleep disorder – vague as to details – disposed of body – lower end of culpability

Prior good character – good prospects of rehabilitation – Vietnamese

Dawes

[2004] NSWCCA 363

Substantial impairment

Assault – domestic

Young child

PGNil5y GBBCrown AD

Mother suffocated 10y autistic son – suffering major depressive illness – unable to obtain proper assistance or intervention – V very difficult to manage – verbal and physical abuse by husband – illness and death of family members – step father physically abusing daughter – made serious attempt at suicide

Depressive illness - remorse and contrition – evidence of rehabilitation with daughter

Hamoui [No.4]

(27)

[2005] NSWSC 279

Kirby J

Provocation

Assault - domestic

VG

(at murder trial)

Serious offences involving violence – breached bail

11y

NPP 8y

 

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

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

Nicol

(86)

[2005] NSWSC 547

Hulme J

Substantial impairment

Assault - domestic

PGNil

2y

NPP 1y

Suspended

 

Assaulted wife with iron bar and asphyxiated with plastic bag – genuine attempted at suicide – intent to kill

Elderly couple with many health problems - depression

Massei

[2005] NSWSC 1030

Adams J

 

[2006] NSWSC 1298

Adams J

Substantial impairment

Assault – domestic

PG

(25%)

 

Sentencing initially deferred for 12m

 

5y 6m

NPP 2y 9m 14d

 

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

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

Leach

(23)

[2007] NSWSC 429

Hulme J

 

(2008) 183 A Crim R 1

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

 

Sched:

2 x AOABH

Nil

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 6m

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

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

Frost

[2008] NSWSC 220

Barr J

Provocation

Assault - domestic

PGNil

6y

NPP 3y 6m

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

Paddock

(78)

[2009] NSWSC 369

Rothman J

Substantial impairment

Assault - domestic

PG

(20%)

Nil

6y

NPP 4y 3m

 

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

Paranoia and early dementia

Nguyen (No.2)

(29)

[2009] NSWSC 1120

Hoeben J

Substantial impairment

Assault – domestic

Young child

VG

Manslaughter

 

Manslaughter

nil

5y

NPP 3y

 

5y

NPP 3y

 

Total

6y

NPP 4y

 

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

Severe depression

Genuine remorse

Gloginya

(41)

[2009] NSWSC 1435

McCallum J

Unlawful and dangerous

Assault - domestic

PG

(10%)

Record for lesser offences of violence – no offences since 1998

7y 8m

NPP 4y 9m

 

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

Suffering brain injury

Cavanagh

[2010] NSWSC 670

Rothman J

Substantial impairment

Assault - domestic

VG

(at murder trial – 25% for offer)

nil

9y

NPP 5y

 

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

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

Li

(22)

[2012] NSWSC 477

Adamson J

Unlawful and dangerous

Assault - domestic

PG

(25%)

Mansl

 

Agg Rob

 

8 x Obtain money by deception

Nil

10y 6m

NPP 7y

 

 

FT 6y

 

FT 1y

 

Total

12y

NPP 8y 6m

 

V (63 year old male) had met with offender for sexual encounters on various occasions – V found at home bound and gagged - died by asphyxiation – offender had beaten and bound V and left him abandoned – taken ATM cards and made number of withdrawals totalling $7k – did not check to see whether V was alright

Student from China - support form family.

McCann

(67)

[2012] NSWSC 1462

Barr AJ

Excessive self defence

Assault - domestic

VGNil

7y

NPP 3y 6m

 

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

Depression / bipolar – prior good character.

Kain

[2013] NSWSC 638

Adams J

Unlawful and dangerous

Assault - domestic

Strangled

PG

(25%)

Nil

6y 9m

NPP 4y

 

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

Offence out of character - offender suffered dementia - state of mind likely to have prevented him truly appreciating likely outcome of his actions - cognitive impairment caused by brain damage caused delay in processing information – dementia caused loss of control in extent of violence inflicted.

Special circumstances – alcohol addiction and dementia.

Salcedo

(24)

[2014] NSWSC 1099

Adams J

Unlawful and dangerous

Assault – domestic

VG

(at murder trial - 15% for offer)

Record including low level violence – breached suspended sentence and bail

4y

NPP 2y

 

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

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

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

Dowdle

(57)

[2018] NSWSC 240

Hamill J

Assault – General

Substantial Impairment

PG

(25%)

PCA

3y

NPP 2y

 

Female - killing of adult son severely disabled from car accident – disability caused son to drink and be physically abusive towards mother over long period – received little support - administered sedatives then placed plastic bag over head

Suffering major depressive disorder with underlying psychiatric conditions - remorse

Patel

(30)

[2018] NSWSC 952

Lonergan J

​Excessive self-defence

Strangulation / suffocation

Assault - general

​VG

(15% for offer)

​Nil
​9y 4m

NPP 7y

​Female - killed female victim – excessive self-defence – victim to marry offender's friend with whom offender had been sexually involved – circumstances of stabbing unclear - physical struggle over knife that victim had such that offender felt threatened - offender died by strangulation and suffocation – failure by offender to try to resuscitate or call 000 - serious offence of its kind – killing occurred in home of victim.

Good prospects rehabilitation -  good character - unlikely to reoffend

Last Updated: 9.7.2018

 

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