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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 - Assault - General  

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Cotton

NSW SC

Hunt J

28.6.1990

Provocation

Assault – general

Accessory

Juvenile

VG 

MT 2y

AT 18m

 

Assaulted male 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

PG

 

 

 

 

 

PG

 

 

 

 

PG

 

 

 

 

VG

(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

(JJD to 21)

 

 

 

 

 

 

AA

MT 6y

AT 3y

8 young people involved in assault - telephoned number from toilet wall to arrange meeting with homosexual V, then 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 – remorseful - low risk of reoffending.

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

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

Fryer

NSWCCA

17.3.1992

Diminished Responsibility

Assault - general

PG

Mansl

Robbery

Assault

Arson

 

MT 14y

AT 10y

AD

Fatally bashed one man and assaulted four other victims with two co offenders during 'rumbles' - planned to attract publicity.

IQ of 62 - difficulty maintaining independent life

McGrath

(19)

NSWSC

McInerney J

14.5.1993

Unlawful and dangerous

Assault - general

PGlong record, bail

MT 3y

AT 2y

 

Intoxicated male assaulted V with female co offender - kicked V while on the ground - believed V had made sexual advances to female.

Alcohol problem and some degree of impairment – Aboriginal - contrition.

Clements

(18)

NSWCCA

8.6.1993

Diminished responsibility

Assault - general

PG 

MT 7y 6m

AT 9y 6m

AD

Kicked and bashed homeless old man to death with co-offender then torched body

Paranoid schizophrenic with mental disabilities

Jacky

NSW SC

Campbell J

10.6.1993

Provocation

Assault – general

PGlengthy

MT 2y 6m

AT 2y 6m

 Intoxicated - Aboriginal male woke to find himself being homosexually assaulted by V.

Cooper

NSWSC

Studdert J

25.6.1993

Unlawful and dangerous

Assault - general

PGpriors, GBB

MT 5y

AT 4y

 Unprovoked attack on stranger who answered door - struck V to the ground and stomped on head - intoxicated.

Brown

NSWCCA

13.7.1993

Unlawful and dangerous

Assault - general

PGnil

MT 6y

AT 3y

AD

With co offender bashed V who was walking home from party with wife - brutal and senseless killing

Samoan - intoxicated.

Chapple

NSWCCA

14.9.1993

Unlawful and dangerous

Assault - general

PGbail

MT 6y

AT 3y

[5½ m PSC]

ADAssaulted V with co offenders having been told V slept with his wife - failed to obtain medical assistance.

Dixon

(under 17)

 

Dunn

(under 17)

 

NSWSC

Loveday J

18.11.1994

Unlawful and dangerous

Assault – general

Juvenile

PG

Manslaughter

Robbery

Assault

no priors

 

 

serious record

MT 5y

AT 4y 6m

 

MT 6y

AT 4y 6m

 

Intoxicated Aboriginal males assaulted 69y during robbery - V died as a result of injuries - assaulted another victim with broken bottle and stake

Both offenders had alcohol addiction

ALH

NSWSC

Dunford J

26.5.1995

Unlawful and dangerous

Assault – general

Juvenile

PGjuvenile convictions

MT 3y 6m

AT 4y

Detention

 

Aboriginal juvenile bashed V in company, suspecting him of stealing - hard punch to head caused death.

Intellectually disabled - contrite

Dunn

(19)

NSW SC

Ireland J

21.9.1995

 

NSW CCA

28.10.1997

Provocation

Assault – general

VGnot serious

MT 7y

AT 4y

AA

(to make technical corrections to date)

Met stranger on cycleway late at night - physical altercation resulted in death - homosexual provocation - returned to scene to either inflict further violence or ensure that V was dead.

Vella

(33)

NSW CCA

15.12.1995

Provocation

Assault – general

Fight

VGminor

MT 10y

AT 4y

AD

Attacked by V with iron bar without warning or provocation - during ensuing fight overpowered V and assaulted him with bar - disposed of body without knowing if dead.

Below average intelligence.

Grenenger

(22)

[1999] NSWSC 380

Sully J

Unlawful and dangerous

Fight

Assault - general

VGnil

MT 18m

AT 18m

 

Struck V with bar stool during pub fight.

Good character and remorse.

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.

Khouzame

(19)

[1999] NSWSC 979

Grove J

 

[2000] NSWCCA 505

Unlawful and dangerous

Fight

Assault - general

VG

Mansl

 

AOABH

nil

MT 3y

AT 2y

 

FT 3m

(concurrent)

AD

Struck another teenager in street with block of wood - part of fight between Lebanese and Turkish groups.

Good character - close and supportive family - good prospects of rehabilitation.

TJP

(16)

[1999] NSWCCA 408

Unlawful and dangerous

Assault – general

Juvenile

PG

assault, robbery;

on recog

MT 2y 11m

AT 3y

(PSC 1m)

AD

Aboriginal female bashed and robbed 67y male with two co offenders.

Alcohol and cannabis user since 11 years old.

Risteski

(22)

[1999] NSWSC 1248

Dunford J

Unlawful and dangerous

Fight

Assault - general

PGminor record reflecting alcohol problem

MT 3y 6m

AT 2y

 

Killed English tourist with one punch to back of head during brawl between friends and English tourists after watching soccer match on TV - attempted to punch and kick deceased while on ground - intoxicated.

Good character - supportive friends and family - excellent prospects of rehabilitation.

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.

Hyatt

(22)

[2000] NSWSC 774

Barr J

Unlawful and dangerous

Assault - general

VGnil

5y

NPP 2y

 

After minor confrontations with supervisor at work became concerned about security of employment - approached supervisor and on spur of moment struck him on head with wood - no intent to do really serious harm.

Completely out of character - lost temper as result of intense anxiety - remorse.

Sandness

(32)

[2000] NSWSC 821

Dunford J

 

(Sandnes)

[2001] NSWCCA 385

Unlawful and dangerous

Assault - general

PGMinor - BES and assault

11y

NPP 8y 6m

AD

Went with girlfriend to home of her 80y frail grandfather to steal money for heroin for both of them - assaulted V with brick and punched him in face.

Some attempts made at rehabilitation.

Bowtell

(17 at offence- 29 at re-sentence)

[2000] NSWSC 803

Hidden J

Diminished responsibility

Assault - general

PGon bail for AR at time of offence

Life

 

Re-determination

MT 21y

NPP 15y

(earliest release date 23.9.2003)

 

Redetermination of life sentence

1988: dragged 81y female V into nearby yard - bashed her to death, and brutally sexually assaulted her - left naked body in bin

After initial struggle in jail marked improvement in behaviour - diagnosed with ADD and good rehabilitation - genuine remorse.

Borderline personality disorder - real danger to society

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.

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.

Bellamy

(30)

[2000] NSWSC 1217

Wood CJ at CL

Unlawful and dangerous

Assault - general

PG

Mansl

 

AR

 

Agg BES

 

Sched:

Four offences

very lengthy - offences committed while on parole

5y

 

 

5y

 

4y

 

Total:

10y

NPP 7y 6m

 

Bashed and kicked to death 57y male in V's home after V made homosexual advances - previously raped in gaol - assaulted and robbed V's 88y mother before leaving house - broke into home of V one week later and stole property - under influence of Normison. Heroin addict.

Ellis discount in relation to manslaughter; remorse

Catalano

(18)

[2000] NSWSC 1248

James J

Assault - generalPGMinor

7y 6m

NPP 4y 6m

 

Bashed homeless and frail 52y male with wooden slat from nearby park bench - unpremeditated and impulsive act.

Judgement impaired by alcohol and cannabis - violent nature of offence out of character – contrite - good prospects of rehabilitation.

Greenhalgh

[2001] NSWSC 272

Adams J

 

[2001] NSWCCA 437

Fight

Assault – general

Unlawful and dangerous

PG

(25%)

criminal record including rob and assault

8y

NPP 4y 6m

AA

6y 9m

NPP 4y 6m

Punched intoxicated V during prolonged drinking session – offender was aggressor - V died from subdural haemorrhage 6 hours later – offender did not realise he had inflicted lethal blow.

Alcoholic - no premeditation.

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.

Sotheren

(27)

[2001] NSWSC 214

Dowd J

 

[2001] NSWCCA 425

Unlawful and dangerous

Assault - general

PG

Mansl

 

 

5 x Agg Rob

 

(substantial discount)

lengthy record including violence - on parole

5y

NPP 2y 6m

 

 

2y 6m

 

Total:

7y

NPP 4y 6m

Crown AA

10y

NPP 6y

 

3-4y

 

Total:

12y

NPP 8y

Multiple robberies - each victim severely beaten, one dying three days later - all robberies committed over one night.

Heavy user of amphetamines - seriously deprived and abusive childhood - made ward of state - psychiatric and behavioural problems - stabbed twice while in custody - suffers claustrophobia - remorse - aboriginal - support of family

Clarke

[2001] NSWSC 703

McClellan J

 

 

 

 

Marsh

[2001] NSWSC 1109

McClellan J

 

[2002] NSWCCA 151

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Carried in conveyance

 

PG

(20%)

Mansl

 

Rob in Co

 

Take & Drive

Lengthy

 

 

 

 

 

 

Lengthy

5y

NPP 3y 6m

 

 

FT 6m

(concurrent)

 

10y 4m

NPP 7y 9m

 

 

FT 6y

 

FT 14m

(both concurrent)

 

 

 

 

 

 

 

Crown AD

AD

Offenders stole car, grabbed V's handbag and drove off - V tried to get handbag back grabbing onto offender - M punched V who fell and hit head on rear tyre - died of head injuries.

C - surrendered to police - considerable remorse - high level of assistance to police - protective custody.

M - denied involvement - plea out of acknowledgment of evidence of co-offender - higher culpability than co-offender

Young

(18)

[2001] NSWSC 942

Taylor AJ

 

(2002) 136 A Crim R 437

NSWCCA

Unlawful and dangerous

Assault - general

PG

(35% on appeal)

criminal history - no significant violence

6y

NPP 4y

Crown AD

AA

5y 3m

NPP 3y 3m

Kicked and punched male V in attempt to rob on public street late at night - attack did not cause serious injury but V suffered from bad heart and high blood pressure.

Alcoholic - assistance – protection - partial failure of undertaking to give evidence but sentence excessive

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

Willoughby

(26)

[2001] NSWSC 1015

Greg James J

Unlawful and dangerous

Assault - general

PG

(15%)

nil

6y 9m

NPP 3y 9m

 

Genuine, although unreasonable belief that male outside offender's flat had stolen from him - chased him outside flats and administered severe beating - included stomping on victim - did not believe he had seriously injured victim.

Suffering complex and difficult psychological problems in relation to family, de facto and daughter - effects of severe emotional stress at time of offence resulted in him taking marijuana and LSD - in need of extensive counselling and assistance - degree of contrition - serious back condition - 1y 11m in conditional custody and 11m PSC

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

Marrah

(36)

[2002] NSWSC 862

Levine J

Unlawful and dangerous

Fight

Assault - general

PG

(20%)

assaults

6y 5m

NPP 4y 9m

 

Shearer killed work associate - assaulted V during argument about money - element of pre-meditation - smaller V - left V on side of street unaware of fatality of assault - middle to upper range for assault of this type

Good prospects of rehabilitation

CK

(16)

[2002] NSWSC 942

Studdert J

 

[2004] NSWCCA 116

 

 

Unlawful and dangerous

Juvenile

Assault – general

Fight

PG

(25%)

nil

7y 6m

NPP 4y

AD

Present during series of confrontations between Asian and Australian youths throughout evening of killing - threw solid metal bar at car being driven by 17y male - bar penetrated skull of victim

Born to Korean parents - contrition - uncharacteristic behaviour - hardship to family

Styman

(24)

[2003] NSWSC 93

Barr J

Unlawful and dangerous

Criminal negligence

Assault - general

VG

(at murder trial)

 

PG

Agg BE and rob

BES offences

14y

NPP 9y

 

 

 

8y

 

Total:

15y

NPP 10y

 

With 2 co-offenders broke into house of elderly female V living alone - V tied and gagged and left in house - stole cash and property – made unsuccessful 000 call - V died 10-12 days later - lesser participant - not aware V not rescued

Cruel and violent childhood - genuine remorse - assistance to police - truthful at trial - evidence of rehabilitation - protective custody

O'Hare

(23)

[2003] NSWSC 652

Whealy J

Unlawful and dangerous

Assault - general

PG

(20%)

 

Sched:

Mal damage

Minor

6y

NPP 3y 6m

 

Offender intoxicated and angry when encountered male stranger on street – words exchanged but no provocation – V hit once to side of face and fell on pavement

Verbal and physical abuse from step father – long history of alcohol addiction – good character – reasonable prospects of rehabilitation - remorse

Maclurcan

(48)

[2003] NSWSC 799

Buddin J

Unlawful and dangerous

Assault – general

Fight

PGMinor

3y

NPP 17m

 

Struck male acquaintance once to head with fist during argument – V's head struck concrete – offender in manic phase of bipolar disorder

Excellent character evidence – good 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 – died from stab wound – unclear who stabbed victim so not taken into account – instigator of incident

Difficult childhood - early drug addiction – reasonable prospects of rehabilitation

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 – died from stab wound – unclear who stabbed victim so not taken into account

Difficult childhood – remorse – reasonable prospects of rehabilitation

Kerr

(17)

[2004] NSWSC 75

Kirby J

 

RIK

[2004] NSWCCA 282

Unlawful and dangerous

Assault – general

Juvenile

VGNil

3y

NPP 12m

Conviction AD

Alighted from train and approached male sitting alone on platform – aggressive manner and swearing – V jumped onto tracks and struck by train

Prior good character – intoxicated – family support – excellent prospects of rehabilitation

Kwon

[2004] NSWSC 146

Dowd J

 

[2004] NSWCCA 456

Unlawful and dangerous

Assault - general

PG

(33% total discount)

Nil

2y 8m

NPP 1y 8m

Crown AD

Sustained assault on male employee during night out – intoxicated

Korean - prior good character – lost business – family to return to Korea

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.

Rugari

(18)

[2004] NSWSC 1126

Barr J

Unlawful and dangerous

Assault - general

PG

 

 

Agg rob

 

Sched

Possess drugs

Record for violence

7y

NPP 4y

 

FT 4y

 

Total:

8y

NPP 5y

 

Severe and unprovoked assault on male acquaintance – concerned about sexual intentions of V towards 12y female – called him a paedophile - refused to return car keys until phone and gold chain handed over – male subsequently died from head injuries – no intent to cause GBH

Difficult and violent childhood – slim prospects of rehabilitation – personality disorders – ADHD – partially deaf – no remorse

Tillman

(31)

[2004] NSWSC 794

Dunford J

Assault – general

Fight

PG

(25%)

 

6y

NPP 3y 3m

 

Physical argument initiated by V – gouged eye of V and kicked in head twice – subsequent death caused by blood clot

Surrendered to police – genuine remorse

Hampton

(18)

[2004] NSWSC 1215

Bell J

Accessory

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

Bugmy

(20)

 

NMB

(15)

 

[2005] NSWSC 561

Grove J

Unlawful and dangerous

Assault – general

Juvenile

PG

(25%)

 

PG

(25%)

 

Sched

Larceny

Minimal; breach of GBB

 

Some; breach of conditional liberty

7y 6m

NPP 5y

 

6y

NPP 4y

 

After many hours of drinking, offenders kicked V to death – possible response to V swearing at offender's aunt

B – Aboriginal – stable relationship with young child – alcoholic and domestic violence background – recent death of father – helped care for handicapped sister – average intelligence – good prospects for rehabilitation

NMB – Aboriginal – some rehabilitation and remorse – drug/alcohol bender in days before offence – petrol sniffing leading to daily alcohol/marijuana use – dysfunctional alcohol and domestic violence background – only learned to read in custody

WKD

(19)

 

 

 

 

 

 

 

 

MJN

(15)

 

[2005] NSWSC 694

Mathews AJ

Excessive self defence

Assault – general

Juvenile

Accessory

VG

(at murder trial)

 

PG

Steal from dwelling

 

 

 

VG

(at murder trial)

 

PG

Steal from dwelling

Included assault

 

 

 

 

 

 

 

Nil relevant

12y

NPP 8y

 

 

FT 1y 6m

 

Total:

13y 6m

NPP 9y

 

6y

NPP 2y 6m

 

FT 1y

 

Total:

7y

NPP 3y 6m

 

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

WD - primary offender – inflicted majority of injuries – excessive self-defence - aboriginal – 2 children from long term relationship

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

Gagalowicz

(18)

[2005] NSWSC 675

Adams J

 

[2005] NSWCCA 452

Substantial impairment

Assault - general

VG

(at murder trial – 20% for offer)

Nil

8y

NPP 4y

Crown AA

10y

NPP 6y

Assaulted drug supplier with cricket bat - psychotic episode caused by amphetamine use – dismembered body and buried in backyard

Drug-induced psychosis

Diabetic - long term drug abuse

MD

(17)

 

 

 

 

 

 

 

 

NA

 

 

BM

(16)

 

 

 

 

 

 

 

 

JT

(17)

 

[2005] NSWSC 344

G James J

 

(2005) 156 A Crim R 372

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(10%)

Mansl

 

Steal from person

 

 

 

 

PG

(15%)

 

PG

(10%)

Mansl

 

Assault

 

 

 

 

 

PG

(5%)

Mansl

 

Assault

Nil

5y 6m

NPP 3y 6m

 

 

FT 6m

 

Total:

5y 9m

NPP 3y 9m

 

4y 6m

NPP 2y

 

4y

NPP 2y

 

 

FT 6m

 

Total:

4y 1m

NPP 2y

 

4y

NPP 2y 6m

 

 

6m

 

Total:

4y 3m

NPP 2y 9m

Crown AD

 

 

 

 

 

 

 

 

 

Crown AD

 

 

Crown AD

 

 

 

 

 

 

 

 

 

Crown AD

V and companion set upon by group of youths at park – action of MD forced V into power pole head first – unclear if pushed or retreating – NA punched and kicked V on ground – JT one kick to V on ground – BM assisted by assaulting companion and preventing assistance – brutal and cowardly attack with no provocation – objective gravity very high – MD stole phone from V

All showed contrition and evidence of rehabilitation

Taber

(27)

 

 

 

 

 

 

 

Styman

(37)

 

[2005] NSWSC 1292

Studdert J

 

(2007) 170 A Crim R 427

NSWCCA

 

Co-offender:

STYMAN

Unlawful and dangerous

Criminal negligence

Assault - general

VG

Mansl

 

Agg rob

 

 

 

 

 

VG

Mansl

 

Agg rob

Nil relevant

 

 

 

 

 

 

 

 

Of little sign

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

 

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

 

Three offenders broke into home of 70y female – V tied up, gagged and left with pillowcase over head – stole $23,300 - 000 call not acted upon – V died after 9 days – carefully planned offence – "most grave crime of manslaughter"

Protective custody – no remorse – low prospects of rehabilitation

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

Heatley

[2006] NSWSC 1199

Whealy J

 

[2008] NSWCCA 226

Substantial impairment

Assault - general

PG

(25%)

Mansl

 

s.97(2)

Extensive – previously acquitted for AR on basis of mental illness

14y

NPP 8y

 

 

FT 4y

 

Total:

18y

NPP 12y

AD

Prisoner kicked and punched to death cellmate in locked cell – suffering chronic psychotic disorder – unable to control urges – criminality of reasonably high order

Also sentenced for bank robbery – armed with shortened firearm – voluntary disclosure of unknown guilt

Esposito

(33)

[2006] NSWSC 1454

Latham J

Assault – general

Accessory

Unlawful and dangerous

VG

(at 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

KT

(16)

[2007] NSWSC 83

Johnson J

 

(2008) 182 A Crim R 571

NSWCCA

Unlawful and dangerous

Assault – general

Fight

Juvenile

PG

(25%)

Nil

6y

NPP 4y

AD

Driving with friend throwing eggs at strangers on street – V became agitated at conduct and threw can at car – confrontation resulted in single fatal punch to head – V small Sudanese man with limited English

Borderline intellectual ability – remorse

LAL

(14)

 

PN

(14)

 

[2007] NSWSC 445

McClellan CJ at CL

Unlawful and dangerous

Assault – general

Juvenile

PG

(15%)

 

Sched:

LMV

Steal mobile phone

Nil

 

 

Nil

6y

NPP 3y 6m

 

6y

NPP 3y 6m

 

Assaulted taxi driver using moderate force – V suffering heart disease and died from heart attack – opportunistic offence – under influence of alcohol and marijuana

Genuine remorse – Islander parentage – violent households – need for continued supervision – evidence of progress in rehabilitation – immature and intellectual deficits – early exposure to alcohol abuse - PN suffering psychiatric problems

Charman

(20)

[2007] NSWSC 1177

Hulme J

 

 

Co-offenders:

HORAN

BOXX

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

Wheatley

(45)

[2007] NSWSC 1182

Bell J

Unlawful and dangerous

Assault - general

PG

(25%)

Minor

3y 9m

NPP 2y

 

Pushed 83y male stranger onto street – hit by oncoming traffic – no intent to hurt or push into traffic – loutish behaviour – 'spontaneous outburst of low level violence which had catastrophic consequences' – intoxicated – angered by earlier unrelated confrontation with male

Suffering chronic schizophrenic illness

Bashford

(24)

[2007] NSWSC 1380

Rothman J

Unlawful and dangerous

Assault - general

PG

(25%)

Breached conditional liberty for non-violent offences – priors for violence

5y 3m

NPP 3y 6m

 

Intoxicated male making out of character and offensive comments outside hotel – single punch to head causing death – response to offensive comment – spontaneous act

Voluntarily attended police station – subject to significant personal stress at time of offence – depression – good character – traumatic childhood – evidence of rehabilitation – aboriginal and islander

Taiseni

(30)

 

 

 

 

 

 

 

 

Motuapuaka

(26)

 

 

 

 

 

 

 

Leota

(29)

 

 

 

 

 

 

 

 

 

Tuifua

(33)

 

 

[2007] NSWSC 1090

Latham J

Unlawful and dangerous

Fight

Assault – general

Accessory

PG

(20%)

Manslaughter

 

Maliciously inflict GBH

 

Sched:

Supply heroin

 

PG

(20%)

Manslaughter

 

Maliciously inflict GBH

 

 

 

 

PG

(10%)

Manslaughter

 

Maliciously inflict GBH

 

Sched:

Supply heroin

 

PG

(10%)

Manslaughter

 

Maliciously inflict GBH

Summary - Assaults and weapon offences

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

 

Nil

4y

NPP 2y

 

 

FT 2y 5m

 

Total:

5y

NPP 3y

 

5y 7m

NPP 3y

 

 

FT 4y

 

Total:

7y 7m

NPP 5y

 

6y 4m

NPP 3y 6m

 

 

FT 4y

 

Total:

8y 4m

NPP 5y 6m

 

3y 7m

NPP 2y 2m

 

 

FT 2y 8m

 

Total:

4y 7m

NPP 2y 2m

 

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

L – principal role – Tongan – married- - genuine remorse – moderate prospects of rehabilitation

M – equal culpability to L – Tongan – married with 2 children – genuine remorse – some prospects of rehabilitation

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

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

CK

(15)

 

TS

(15)

 

[2007] NSWSC 1424

Latham J

Unlawful and dangerous

Assault – general

Juvenile

PG

(25%)

 

PG

(25%)

Priors – breached bond

 

nil

6y

NPP 4y

 

6y

NPP 3y 6m

 

17y walking down main street of town late at night – headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid haemorrhage

Drug and alcohol abuse – difficult childhoods

Smith

(22)

[2008] NSWSC 201

Hulme J

Unlawful and dangerous

Assault - general

PG

(25%)

Minor

3y 9m

NPP 2y 6m

 

Waiting at taxi stand after Christmas function – punched passing stranger once – Victim struck head on concrete – no provocation – intoxicated

Evidence of excellent rehabilitation – good prospects - remorse

APT

(17)

[2008] NSWSC 302

Studdert AJ

 

[2009] NSWCCA 230

Unlawful and dangerous

Assault – general

Juvenile

VG

(at murder trial)

Nil

8y

NPP 5y 6m

AD

Involved in brutal assault on young male outside service station – lesser offender – kicked V on ground

Co-offender Willmot dealt with for murder.

Remorse – good prospects of rehabilitation

Mitchell

(24)

[2008] NSWSC 320

Howie J

Provocation

Assault - general

PG

(17.5%)

Mansl

 

Arson

Primarily dishonesty and driving offences

8y 3m

NPP 4y 6m

 

 

FT 2y

 

Total:

9y

NPP 5y 3m

 

Assaulted male acquaintance with hammer in V's apartment – response to being sexually assaulted – set fire to door of apartment

History of mental health problems – drug and alcohol problems - remorse

Hopley

(35)

[2008] NSWCCA 105

Unlawful and dangerous

Fight

Assault - general

VGPriors – less serious

5y

NPP 3y

AD

Punched male stranger twice in altercation outside nightclub – altercation between two groups began inside nightclub – spontaneous response to violence initiated by third person – acted in anger not self defence

Sole parent to 13y son - remorse

Horan

(20)

[2008] NSWSC 990

Studdert AJ

 

 

Co-offenders:

BOXX

CHARMAN

Unlawful and dangerous

Assault – general

Accessory

VG

(murder trial – 40% plea 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

Carroll

(20)

(2008) 188 A Crim R 253

NSWCCA

 

[2009] HCA 13

 

(2010) 200 A Crim R 284

NSWCCA

Unlawful and dangerous

Fight

Assault - general

PGNil

3y

NPP 18m

PD

Crown AA

3y

NPP 18m

 

AA

Matter remitted to CCA

 

Crown AA

18m suspended sentence to date from 1.12.2009

Altercation outside hotel between V and offender's group of friends – V made idle threat to kill – offender head butted V who fell back onto road – died ten days later – V heavily intoxicated

Excellent prior character – depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation

Full-time imprisonment required but in light of exceptional circumstances imprisonment suspended

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous

Excessive self defence

Assault - general

PG

(25%)

nil

3y

NPP 2y

PD

Crown AD

Number of young people taking part in burnouts on street – V crashed vehicle and left scene – offender and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – offender punched V in self-defence – V suffered haemorrhage - V had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.

Strong subjective case – youth – rehabilitation

Katic

(29)

[2008] NSWSC 1330

Hidden J

Excessive self defence

Assault - general

VG

(at murder trial – 10% for offer)

 

PG

Agg AR

Nil significant

9y

NPP 5y 6m

 

 

 

FT 4y

 

Total:

11y

NPP 7y 6m

 

Robbed newsagency with unloaded air rifle – co-offender standing lookout – pursued by proprietor – fatally struck proprietor with wooden fence paling

Troubled background – substance abuse – remorse – prospects of rehabilitation

Jeffrey

 

 

 

 

 

 

Mealey

(34)

 

[2009] NSWSC 202

Fullerton J

Unlawful and dangerous

Assault – general

Accessory

PG

(25%)

Manslaughter

 

Rob in Co

 

 

PG

(25%)

Manslaughter

 

Rob in Co

Record including assault in similar circum – breached bond

 

dishonesty

6y

NPP 3y 6m

 

 

2y 6m

(concurrent)

 

4y

NPP 2y 2m

 

 

FT 18m

(concurrent)

 

M knocked on door of unit of neighbour to J – J 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 – J dominant offender – intent to rob for money to buy drugs – M sentenced as aider and abettor and failure to provide assistance to V – V vulnerable and deliberately chosen by J

J – female - difficult marriage resulting in drug addiction – some prospects of rehabilitation in view of family support

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

Munter

(36)

[2009] NSWSC 158

Howie J

Unlawful and dangerous

Fight

Assault - general

PG

(20%)

Minor driving offence

3y 3m

NPP 18m

 

Abused 66y male stranger watering lawn – believed breaching water restrictions – heated exchange – punched V to head – pushed V over and kicked in mid-section – minor assault – V died of cardiac arrest – diseased heart exacerbated by assault

True remorse – suffering chronic permanent back pain at time of offence – pain to affect custodial conditions

Boxx

(19)

[2009] NSWSC 298

Studdert AJ

 

Co-offenders:

HORAN

CHARMAN

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

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

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

 

Joint criminal enterprise – 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

Smith

(22)

[2009] NSWSC 1183

Mathews AJ

 

[2011] NSWCCA 110

Excessive self defence

Assault - general

PG

(20%)

minor

6y 9m

NPP 4y 6m

AD

Offender and friends pursued through streets at night by V wielding two knives and making threats – V indicated surrender when threatened by male holding tree branch – offender took branch and struck V several times with branch – kicked him around the head on ground – judgment impaired by intoxication – injury to hand – lower range of culpability for manslaughter by excessive self defence

Cannabis abuse – prior good character – good prospects of rehabilitation

Benbow

(29)

[2009] NSWSC 1472

R A Hulme J

Unlawful and dangerous

Assault - general

PG

(17%)

Manslaughter

 

AOABH

Prior convictions including violence – breached bail

7y 6m

NPP 4y 6m

 

 

FT 3m

(concurrent)

 

After drinking with two friends fell asleep on bed – when prodded awake with cricket bat grabbed bat and assaulted one male with bat in sustained attack – struck second male with bat – claimed no memory due to drinking and serapax – spontaneous, unreasonable and irrational response

Longstanding substance abuse

AA

(17)

 

 

AC

(17)

 

 

 

SS

(17)

 

[2010] NSWSC 495

Kirby J

 

[2010] NSWSC 703

Kirby J

(AA only)

Accessory

Assault – general

Juvenile

VG

(murder trial – 10% for offer)

 

VG

(murder trial – 25% for offer)

 

 

VG

(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

Hutchison

(33)

[2010] NSWCCA 122

Unlawful and dangerous

Fight

Assault - general

PGAssault offences

7y 6m

NPP 5y 6m

ADPunched male V twice to head in hotel – first punch in self-defence – both intoxicated – aggressive behaviour all night – history of aggression when intoxicated

Donaczy

(28)

[2010] NSWCCA 143

Unlawful and dangerous

Fight

Assault - general

PG

(20%)

Prior record – not serious

6y

NPP 3y 6m

AD

Punched male acquaintance once to head outside hotel – evidence suggests tension between offender and V throughout the night

Difficult and abusive childhood – early drug abuse – part aboriginal – good prospects of rehabilitation

AJC

(17)

(2010) 207 A Crim R 307

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(40% plea and assist on appeal)

nil

2y 6m

NPP 18m

PD

Crown AA

3y

NPP 1y 9m

PD

Single punch to 20y male at show – been advised by co-accused that V had tried earlier to fight physically vulnerable youth – followed V and delivered unexpected punch to head – no provocation or opportunity for self-defence – innocent V – impulsive attack of immature youth - committed in presence of child under 18y – below mid-range

Genuine and deep remorse – voluntarily surrendered to police – assistance in relation to co-accused – publicly named by newspaper

On appeal - discount for assistance excessive

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

Sparks

(26 at offence – 49 at sentence)

 

 

 

 

 

 

 

 

 

 

D Stracey

(26 at offence – 49 at sentence)

 

[2010] NSWSC 1512

Adams J

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Rob in Co

 

AR

 

Sched:

3 offences

 

 

 

PG

(25%)

Mansl

 

Rob in Co

 

Sched:

2 offences

Lengthy record including recent charges

 

 

 

 

 

 

 

 

 

 

Numerous offences until 1993

6y 9m

NPP 3y 6m

 

3y 9m

NPP 2y

 

4y 10m

NPP 2y 6m

 

Total:

7y 10m

NPP 4y 6m

 

5y 3m

NPP 2y

 

 

3y

NPP 1y 6m

(concurrent)

 

Manslaughter offence committed 1987 – co-offenders drove van in front of female pedestrian and attempted to grab handbag – 40m later Stracey drove van past female pedestrian standing on island – Sparks reached out and grabbed handbag – 3mins later drove past female V and grabbed handbag – V struck head on kerb in attempt to resist robbery – abandoned van and stole car – took extensive steps to cover up involvement – offence opportunistic but part of pre-mediated pattern of criminal behaviour

Sparks robbed real estate with blood filled syringe and knife in 1997 – partial concurrence for this later offence - disturbed childhood – poly drug abuse – drug affected at time of offence – genuine remorse

Stracey – rehabilitation from drug abuse in early 1990s – supportive family

Pirini

(21)

[2011] NSWSC 1395

RA Hulme J

 

 

Co-offenders:

LA ROSA

AOULI

COSTA

MENZIES

HAWI

Accessory

Stabbing – general

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

La Rosa

(37)

[2011] NSWSC 1394

RA Hulme J

 

Co-offenders:

PIRINI

AOULI

COSTA

MENZIES

HAWI

Accessory

Stabbing - general

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

HAWI

Accessory

Stabbing – general

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

Costa

(29)

[2011] NSWSC 1392

RA Hulme J

 

 

 

 

Co-offenders:

PIRINI

AOULI

LA ROSA

MENZIES

HAWI

Accessory

Stabbing – general

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

Menzies

(26)

[2012] NSWSC 158

RA Hulme J

 

 

 

Co-offenders:

PIRINI

AOULI

LA ROSA

COSTA

HAWI

Accessory

Stabbing general

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

Dean-Willcocks

(23)

[2012] NSWSC 107

Garling J

Unlawful and dangerous

Assault - general

VG

(at murder trial - 25% for offer to plead)

 

7y 6m

NPP 4y

 

Sustained chase and assault of male stranger in late 60s on street in early hours of morning – tackled him to concrete path and body slammed prone V twice – caused multiple injuries to skull, brain, neck and ribs – offender returning from city very intoxicated – motivated by racial prejudice against Asians – vulnerable V – spontaneous offence

Good character – good prospects of rehabilitation

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

Williams

(26)

[2012] NSWSC 520

Hidden J

Unlawful and dangerous

Assault - general

PG

(15%)

Agg driving cause death; high-range PCA

6y

NPP 3y 9m

 

Struck V to side of head with baseball bat causing severe brain injury – no ill-will towards V who was innocent bystander – angry with third person over phone call to police about behaviour of offender's father – armed with baseball bat to confront third person – V and others were there to help third person – offender impulsively struck V as he was approaching - went to work following day – initially denied matter to police

Dysfunctional childhood – supportive grandparents and sister – rehabilitation prospects – remorse.

Butler

[2012] NSWSC 1227

Button J

Provocation

Assault - general

PG

(25%)

Nil

7y

NPP 4y 6m

 

Street prostitute – assaulted client with brick after V made fantasy references to sexual assault – offender had suffered sexual assault as a child and been sexually assaulted a month earlier - V's comments provoked / caused offender to black out and assault V.

Special circumstances - longstanding psychological problems - drug dependence - substantial adjustment on return to community - troubled upbringing – good progress rehabilitation.

T Carney

(18)

 

 

L Cambey

 

[2012] NSWSC 1344

Schmidt J

 

Cambey

[2013] NSWCCA 170

Excessive self defence

Assault - general

PG

 

 

 

PG

 

Nil

 

 

 

Nil

9y

NPP 6y

 

 

7y 8m

NPP 5y 2m

 

 

 

 

AA

7y 2m

NPP 4y 10m

Offence committed 2006 – earlier convictions quashed: Carney; Cambey [2011] NSWCCA 223

Attended V's home with co-offender for purpose of purchasing drugs – V found co-offender was armed with a taser of which TC and LC had no knowledge – V attacked TC with a metal pole - in self-defence TC attacked V with pole – LC denied any role in assault  – V suffered injuries consistent with being bashed by metal pole and being kicked – unplanned offence – on appeal LC found less culpable than TC

TC: drug and alcohol abuse

LC: drug use – supportive family.

Castle

(54)

[2012] NSWSC 1603

RA Hulme JA

Unlawful and dangerous

Assault - general

PG

(25%)

Armed rob, demand money, drugs, assault.

7y 6m

NPP 5y 8m

 

1998 offence - single punch - robbery of female at ATM - during struggle offender punched V causing her to fall – offender's image caught on CCTV at ATM but denied involvement – DNA match

Drug abuse – depression - lack of empathy towards V.

McCulloch

(23)

 

 

Biffin, B

 

 

 

 

 

 

Biffin, A

(31)

 

[2013] NSWSC 894 Rothman J

 

Co-offender:

SMITH

[2012] NSWSC 1565

(murder)

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 co-offenders planned to rob drug dealer of drugs and money – V assaulted at premises and died – all party to assault although definite cause of death undetermined

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 sentenced for murder: [2012] NSWSC 1565

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

Loveridge

(19)

[2013] NSWSC 1638

Campbell J

 

[2014] NSWCCA 120

Unlawful and dangerous

Assault - Fight

PG

(25%)

Mansl

 

Assault

 

Assault

 

Assault

 

AOABH

AOABH.  On cond liberty.

6y

NPP 4y

 

 

FT 4m

 

FT 4m

 

FT 4m

 

FT 6m

 

Total:

7y 2m

5y 2m

Crown AA

10y 6m

NPP 7y

 

FT 9m

 

FT 11m

 

FT 13m

 

22m

NPP 16m

 

Total:

13y 8m

NPP 10y 2m

Punched V in face (king-hit) in Kings Cross - V fell suffering massive skull fracture and brain injury – assaulted other Vs prior to and following this attack – had been out drinking with friends.

Youth – remorse – rehabilitation - difficult upbringing.

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 the 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

Two other co-offenders charged with murder

Lockett: [2013] NSWSC 1555

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

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

Armstrong

(28 at time of offence)

[2014] NSWSC 700

Adamson J

 

[2015] NSWCCA  273

Provocation

Assault - General

PG

(5%)

Offences of violence both before and after manslaughter

13y 3m

NPP 9y 11m

AA

12y 3m

NPP 9y 2m

1991 – fatal assault - killed male acquaintance after sexual encounter – lost control when advised by V he was HIV – brutal and savage attack – great fear of AIDS in 1991

Lack of remorse – HIV – assaulted in gaol

No discernible change in sentencing patterns

JP

(15)

[2014] NSWSC 698

Hall J

 

Co-offenders:

AN

JH

Unlawful and Dangerous

Assault - general

Juvenile

VG

(at murder trial)

Nil

10y

NPP 7y

 

Attended party uninvited - part of deliberate and unprovoked attack by six members of group on male guest – during sustained assault struck V over head with bottle causing death

Suffering intellectual disability

McKnight (No.4)

(29)

[2014] NSWSC 1029

Campbell J

Substantial impairment

Assault - General

VG

(at murder trial – 25% for offer)

Car-jacking, goods in custody.  On bond.

8y

NPP 6y

 

Kicked male V in head three times causing brain h – believed V had stolen money from him – V suffered brain haemorrhage – intent to inflict really serious personal injury

Schizophrenic psychosis.

Wood

(30)

[2014] NSWCCA 184

Unlawful and dangerous

Assault - general

PG

(5%)

AOABH, assault, obstruct officer, assault officer

6y 8m

NPP 5y

Crown AA

11y 4m

NPP 8y

Pushed 71y female in his way while riding bike – V fell to ground hitting head and died – unprovoked, aggressive offence

Aboriginal background – previous assault committed in similar circumstances

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

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

Field

(39)

[2014] NSWSC 1797

Fullerton J

 

[2015] NSWCCA 332

Assault – general

Unlawful and dangerous

Fight

VG

(at murder trial)

nil

10y

NPP 7y 6m

AD

Punched male victim once to jaw in hotel car park during fight – unprovoked attack – escalating tensions between two groups in hotel during evening – fatal punch caused neck to rotate releasing arterial blood into cranial cavity

Offence out of character – retired rugby league player – community involvement

Dyer

(29)

[2014] NSWSC 1809

RS Hulme J

Assault – general

Fight

PG

(15%)

Breached bail for common assault – breached parole for assault offence – extensive record including assault

6y 6m

NPP 3y 9m

 

Both victim and offender homeless – altercation over victim leaving his trolley of possession on road – victim verbally aggressive and threatened offender – one punch to side of face causing victim to hit head on road – less serious than other one-punch manslaughters – element of provocation

Difficult and abusive childhood – aboriginal – remorse

AN

(15)

[2014] NSWSC 1879

Hall J

 

[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 to remain in juvenile detention until 21 years)

 

Present 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 – 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

Matthews

(40)

[2015] NSWSC 49

Davies J

Unlawful and dangerous

Fight

Assault - general

PG

(25%)

Assault, AOABH, breach AVOs, property, minor drug offences.

On conditional liberty at time of offence.

7y 6m

NPP 5y

 

 

 

Male victim killed in fight – offender and victim known to one another – violence involving alcohol – victim with undiagnosed aneurysm – aneurysm burst during fight.

Very disadvantaged upbringing – alcohol and drug abuse from young age – alcohol abuse - prospects of rehabilitation – special circumstances – alcohol and psychiatric management

Lane (No 3)

(52)

[2015] NSWSC 118

Campbell J

 

[2017] NSWCCA 46

Unlawful and dangerous

Fight

Assault - general

VG

(murder trial – 15% for offer)

 

Sched:

2 x AOABH

Dishonesty, drugs.  On conditional liberty

8y 6m

NPP 6y 4m

Conviction AD

Fight with male victim – both intoxicated – exchange of words - initial willingness by V to engage in an altercation with offender – offender escalated aggression after V sought to disengage – threw 2-3 punches - second punch delivered with intent to inflict some appreciable harm not really serious injury - force sufficient to knock V off his feet and hit head on ground causing suffered brain injury.

Previously good character – offence out of character -  suffering PSTD due to accident -  led to drug and alcohol abuse - remorse

Matia

(34)

[2015] NSWCCA 79

Assault – general

Unlawful and dangerous

Fight

VGNil

3y

NPP 18m

Crown AD

Security guard - part of group that pursued group including victim away from hotel – victim armed himself with paint scraper – punched victim to head - acted in defence of another

Good character – offence out of character – security licence revoked – carer for mother – father to young child – genuine remorse

Lambaditis

(33)

[2015] NSWSC 746

Hall J

 

[2016] NSWCCA 117

Unlawful and dangerous

Assault – general

PG

(25%)

 

Sched:

AOABH

Mid-range PCA

9y

NPP 6y 9m

AD

Intoxicated male walking street late at night – punched male stranger in response to perceived negative comment – first victim's friend punched offender to head – offender retaliated by punching second male to head causing death – cowardly and unprovoked response – offender wholly responsible

Remorse – reasonable prospects of rehabilitation

Bouggas

(32)

[2015] NSWSC 914

McCallum J

Unlawful and dangerous

Assault - general

PG

(20%)

Minor drug and assault matters – breached parole

8y

NPP 5y

 

Argued with male acquaintance over stolen tablets –lifted and pushed victim against ledge of balcony six stories high – victim fell over balcony – did not foresee or intend fall

Long history of drug and alcohol abuse – deep remorse – good prospects of rehabilitation

Telemete

(30)

[2015] NSWSC 909

Adams J

Unlawful and dangerous

Assault – general

Fight

Accessory

VG

(at 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

McNeil

(25)

[2015] NSWSC 1198

Johnson J

Unlawful and dangerous

Assault general

VG

(at murder trial – 25% for offer)

 

AOABH

 

Assault

Record including violence

Indicative

9y

 

 

 

1y 6m

 

6m

 

Agg:

10y

NPP 7y 6m

 

Intoxicated in Kings Cross New Year's Eve – after run in with three youths selling drugs hit and kicked one youth – mistakenly believed male stranger part of group and punched him once to head causing death – punched victim's brother

Genuine remorse – drug and alcohol history – some evidence 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

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

Tanks

(44)

[2016] NSWCCA 519

Mathews AJ

Unlawful and dangerous

Assault - general

VG

(at murder trial - 20-25% for offer)

 

PG

AOABH

Extensive. Drug offences.

7y

NPP 4y

 

 

 

FT 6m

 

Total:

7y 3m

NPP 4y 3m

 

Unprovoked assault upon V – had been drinking together in group – V died of irreversible brain damage 10 days after assault.

Drug abuse.

BH

(17)

[2016] NSWCCA 290

Unlawful and dangerous

Assault – general

Single blow

Juvenile

PG

(25%)

Assault with intent to rob, Rob in company, acts of threatened / actual violence.  On probation.

5y 3m

NPP 3y 11m

AD

Single punch – killed 60y male, during altercation at shopping mall – responding in anger to racial slur or out of fear.

Difficult upbringing - borderline intellectual disability – ADHD

Jones

(22)

[2017] NSWSC 19

Harrison J

Unlawful and dangerous

Assault - general

Single blow

PG

(15%)

Not significant – no violence – breached conditional

10y

NPP 6y

 

Single punch to head of male stranger – victim remonstrating over offender's driving – unprovoked – spontaneous and completely unreasonable response – drove off and sought to disguise car – below mid-range

Genuine remorse – good prospects of rehabilitation

Grogan

(41)

[2017] NSWSC 378

Hidden AJ

Unlawful and dangerous

Assault - general

Single blow

PG

(20%)

Violence (old), Robbery.

9y 6m

NPP 6y 6m

 

Single punch to head of 71y male acquaintance – animosity but unclear what led to incident.

Drug addiction – supportive family – rehabilitation prospects.

Gordon

(42)

[2017] NSWSC 574

Campbell J

Unlawful and dangerous

Assault – General

Motor Vehicle

VG

(at murder trial – 15% for offer)

Record for violent impulse when intoxicated

10y

NPP 6y 6m

 

Afternoon and evening drinking with victim and other friends – started driving victim home when earlier argument reignited – victim alighted from car – offender accelerated in reverse and deliberately struck victim – offered initial assistance then left victim at side of road – both highly intoxicated – impulsive but serious offence

Alcohol problem – health problems affecting custodial conditions

Azar

(18 at offence – 22 at sentence)

[2017] NSWSC 586

Mathews AJ

Substantial impairment

Assault – General

PG

(15%)

Possess drugs, BE&S

 

7y

NPP 4y

 

Pinched on bottom by male friend – probably gesture of friendship but offender felt insulted – with 2 others attacked V with various objects including a pole – V suffered serious blunt force injuries - unprovoked attack – spontaneous rather than premeditated – intent to inflict grievous bodily harm - mid-range objective seriousness

Schizophrenic illness - good prospects rehabilitation – youth - drug abuse.

Reeves

(71)

[2017] NSWSC 813

(Campbell J)

Assault – general

Fight

Excessive self defence

PG

(25%)

 

Wilful disposal of body

Lengthy. Armed robbery, assault.

7y 6m

NPP 5y 4m

 

FT 2y

 

Total:

8y 6m

NPP 6y 4m

 2009 offence – V's body discovered in 2013 at Royal National Park – physical fight between offender and V – V armed with knife and offender initially acted in self-defence and defence of friend – after V dropped knife fist fight continued and caused death of V – final three blows to head not reasonable self-defence - gratuitous violence - spontaneous not premeditated - low to mid-range objective seriousness.

Johnson (No.5)

(37)

[2017] NSWSC 1169

Button J

Unlawful and dangerous act

Assault – general

Fight

VG

(at murder trial – 20% for offer and assistance)

Long record for violence resulting from alcohol and stupidity

6y

NPP 4y

 

Argument developed during social drinking evening with sister, and two acquaintances – offender became annoyed and left sister's unit – in response to taunt by one acquaintance returned to median strip outside unit and delivered beating – punched and kicked victim on ground –victim refused to go to hospital in ambulance but continued drinking and socialising with other friends – died next morning from ruptured spleen – at time of death victim suffering unknown poor health and life expectancy measured by months as result of alcohol abuse – this and refusal to attend hospital substantial contributors to death – spontaneous loss of temper with no intent to do more than actual bodily harm

Aboriginal with difficult background – father with mental illness resulting in suicide, sexual abuse as a child, poor education and racial abuse resulted in drug abuse and violent response – discount given for evidence against perpetrator of sexual abuse - remorse

Attwater

(36)

[2017] NSWSC 1710

Fullerton J

Unlawful and dangerous

Assault - General

VG

Mansl

 

s.61J(1)

Minor offences

Indicative

18y

 

12y

NPP 9y

 

Agg:

19y

NPP 14y 3m

 

Engaged in sexual activity with male co-offender and female victim after heavy drinking – victim unconscious due to intoxication – inserted hand and fist into vagina forcefully, vigorously and repeatedly – ignored what would have been obvious bleeding – victim died from blood loss caused by two major tears to vaginal area – high level of culpability

Delay and protective custody – co-offender convicted of hindering investigation and s.61J

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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