Back to Top

Back to Sentencing Tables Index 

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

 

Manslaughter - Juvenile Offender  

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

Accessory

PG

 

 

 

 

 

PG

 

 

 

 

PG

 

 

 

 

VG

(at murder trial)

priors and tragic upbringing

 

 

 

no priors

 

 

 

 

No priors

 

 

 

 

No priors

MT 4y 6m

AT 2y

(assistance)

 

 

 

MT 7y

AT 2y

 

 

 

MT 5y 6m

AT 2y 6m

(assistance)

 

 

MT 5y

AT 3y

(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)

O'Brien

(17)

NSWCCA

29.4.1993

Unlawful and dangerous

Juvenile

Shooting – general

Fight

VG

Mansl

 

Shoot with intent

nil

MT 7y

AT 6y

ADIntoxicated youth had confrontation with V and others on street - obtained gun from home then used it to facilitate escape from second confrontation.

Aslan

(18)

NSWSC

Ireland J

1.11.1994

 

El Kerdi

(17)

NSWSC

Ireland J

1.11.1994

 

Co-offender:

EL BADAR

(1995)

Unlawful and dangerous

Shooting – general

Juvenile

Accessory

Fight

PG

 

 

 

 

 

PG

Record for violence – breached bail

MT 2y

AT 3y

(assistance, cumulative)

 

 

MT 3y

AT 3y

(assistance)

 

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

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

Dixon

(under 17)

 

Dunn

(under 17)

 

NSWSC

Loveday J

18.11.1994

Unlawful and dangerous

Assault – general

Juvenile

PG

Mansl

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

El Badar

(17)

NSWCCA

3.4.1995

 

Co-offenders:

ASLAN

EL KERDI

1994

Juvenile

Shooting – general

Accessory

Fight

PGNil

MT 2y 5m

AT 2y 7m

(Assistance)

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

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

SAE

(15)

NSWCCA

3.4.1997

Accessory

Juvenile

Shooting - general

PGlong record - real and continuing risk to community

MT 1y 6m

AT 2y 3m

AA

MT 1y 3m

AT 2y 6m

(to allow for PSC)

Acted as look out during robbery - security guard shot.

PN

(17)

NSWSC

Barr J

30.10.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PGassaults committed in gaol awaiting sentence; on bond at time of offence

MT 8y

AT 4y

 

Pacific Islander - brother involved in earlier fight with aborigines - armed with knife went back with others to continue fight - stabbed one victim in back and fatally stabbed second victim under influence of alcohol and cannabis.

Tragic background – mother suicided when offender 2y, then watched sister suicide when 7y – low average intellectual disability.

MHN (No.2)

(17 – 20 at sentence)

NSWSC 553

Kirby J

20.11.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PG 

FT 4y

 

(representing NPP – concurrent to murder sentence)

 

Unarmed Vietnamese youth followed from skating rink and attacked by group wielding weapons – picked up knife dropped by assailants and fatally stabbed one male attacker and wounded second male – not aggressor – element of provocation and diminished responsibility

Volunteered previously unknown guilt to police – unhappy childhood – suffering depression – sentenced at similar time for murder - MHN NSWSC 29.10.1998)

TM

(17)

[1999] NSWSC 504

Hidden J

Unlawful and dangerous

Fight

Juvenile

Stabbing - general

PGnot relevant

MT 3y

AT 2y

JJ detention

 

Chased V with friends after confrontation in pub - friends kicked and punched V to ground - offender stabbed V in leg causing death.

Good prospects of rehabilitation, supportive family.

Korhonen

(16)

[1999] NSWSC 933

Hulme J

 

(K)

[2000] NSWCCA 24

Diminished responsibility

Provocation

Juvenile

Stabbing - domestic

VGinsignificant4y GBBCrown AD

Stabbed man he had been staying with – previous week had been sodomised by V – element of provocation

Developmental delays and profoundly disturbed - appalling childhood - gross psychiatric disturbances - ill equipped to deal with stress - positive evidence of rehabilitation

SMP

(17)

[1999] NSWCCA 318

Unlawful and dangerous

Juvenile

Stabbing - general

PGnil

MT 4y

AT 3y

AA

MT 2y 9m

AT 2y 9m

Detention

Stabbed V after he attacked offender with knife by surprise – V suffered mental problems and drug addiction - no suggestion offender carrying knife with intent to injure - no premeditation or ill will.

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.

Luong

(17)

[2000] NSWSC 505

Sully J

Unlawful & dangerous

Negligence

Juvenile

Shooting - domestic

VGnil

4y

NPP 2y

 

Hosted party for school friends at family home - while displaying gun deliberately fired at 16y female friend mistakenly believing no live ammunition in gun.

Excellent subjective features.

PRFN

(15)

[2000] NSWCCA 230

Diminished responsibility

Juvenile

Shooting - general

VG 

MT 3y

AT 3y

AD

Anally raped by V when 14y old - V continued to make sexual overtures - devastating effect - became obsessed that V would hurt baby nephew - killing carefully implemented - lured V to farm and shot him - element of revenge.

Post Traumatic Stress Disorder and major depressive disorder

Sutcliffe

(25)

 

S McGoldrick

(21)

 

L McGoldrick

(17)

 

[2000] NSWSC 825

Adams J

Unlawful and dangerous

Juvenile

General

PG 

5y 3m

NPP 3y

 

4y 5m

NPP 2y 3m

 

2y 6m PD

 

Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers - one rock smashed through windscreen of V's truck causing death - went to assistance of driver but attempted to conceal involvement in offence.

S: most culpable - limited intelligence – immature - psychological handicaps - genuine remorse - strict protection - good prospects of rehabilitation.

S.McG: less than average intelligence – immature – remorse - onerous conditions of bail.

L.McG: least culpable – immature – remorse

ANG

(16)

[2001] NSWSC 758

Ireland AJ

Negligence

Drowning

Juvenile

PGnil2y suspended sentence 

Pushed unconscious body of 31y uncle into river - did so at earlier request of suicidal uncle - uncle suffered depression and intoxicated at time - offender under influence of drugs from drinks spiked without knowledge of offender.

Well respected youth - good family support - deeply affected by incident - rehabilitation.

CVH

(15)

[2002] NSWSC 1160

O'Keefe J

 

[2003] NSWCCA 237

 

[2004] NSWSC 205

O'Keefe J

Accessory

Juvenile

Stabbing - general

VG

Mansl

 

Assault

 

Affray

not relevant

10y

NPP 6y

 

FT 2y

 

FT 1y

(all concurrent)

AA

remitted for re-sentence

 

 

Re-sentence - manslaughter

8y 6m

NPP 5y

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

Difficult childhood resulting in early drug addiction - genuine remorse

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

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

V D N

(17)

[2004] NSWSC 426

Whealy J

Unlawful and dangerous

Juvenile

Stabbing – general

Accessory

PG

(15%)

 

Att AR

Drug offences

6y 9m

NPP 3y

 

FT 15m

(concurrent)

 

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

Evidence of rehabilitation from drug abuse – genuine remorse

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.

JD

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

NSWCCA

Unlawful and dangerous

Juvenile

Stabbing - general

VG

(at murder trial – 25% for offer)

 

AR

Nil

5y 3m

NPP 3y

 

 

 

4y 1m

NPP 3y

(concurrent)

Crown AD

With brother planned armed robbery of family attempting to sell diamond engagement ring – during struggle adult son fatally stabbed and father stabbed in chest by co-offender

Excellent prospects of rehabilitation – low intelligence – poor health

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

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

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

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

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

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

Kari

(19)

 

 

 

 

 

H

(16)

 

[2008] NSWSC 993

Hidden J

Unlawful and dangerous

Juvenile

Shooting – general

Accessory

PG

(15%)

 

Sched:

Home invasion

 

PG

(15%)

 

Sched:

Rob in co

Dishonesty and drug offences – breached bail and bond

 

 

 

Alarming record for violence – breached probation

7y

NPP 4y 6m

 

 

 

 

 

6y

NPP 3y 6m

 

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

K – remorse – family support – good prospects of rehabilitation

H – prospects of rehabilitation

C R

(16)

[2008] NSWSC 1208

Kirby J

Excessive self defence

Juvenile

Stabbing - general

VG

(at murder trial)

AOABH

7y

NPP 3y 6m

 

Met male stranger outside toilet block while waiting for friend – intoxicated but not drunk – after sharing drink and talking subjected to bear hug by V – misunderstanding as to actions and motives – panicked and stabbed V twice – carried knife for protection – impulsive offence – no intent to kill – V suffering Aspergers – offender not homophobic

No history of violence – remorse – very good prospects of rehabilitation – early abuse of alcohol

TT

(20)

 

 

RT

(17)

 

ET

(25)

 

[2009] NSWSC 437

Lathan J

Excessive self defence

Juvenile

Stabbing – general

Fight

Accessory

PG

(15%)

Breached bond for minor offence

 

Nil

 

 

Nil

6y 3m

NPP 3y 3m

 

 

6y 6m

NPP 3y 6m

 

6y

NPP 3y

 

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

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

SF

(16)

[2009] NSWSC 1069

Hall J

Negligence

Juvenile

Shooting - general

VGminor

4y

NPP 2y

 

Gun produced in room full of youths – no dispute or argument – took gun, opened chamber, observing bullet, cocked gun and pointed gun over shoulder at victim – playing with gun and showing off

Drug use - remorse

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

B

(14)

NSWDC

Sides SC DCJ

18.12.2009

Negligence

Juvenile

Shooting - domestic

PGnil4y GBB 

Accidentally shot 14y best friend in house with single barrel pump action shotgun - Gun improperly kept in wardrobe in master bedroom –fired gun without checking if loaded – gun pointed at V accidentally when offender pulled trigger to see if loaded - offender and V armed themselves with knives and took out shotgun in response to presence outside of stranger seeking assistance – left alone in house at night – received no training in handling of guns – momentary error of judgment

Immediate assistance to V – genuine remorse – Post traumatic stress disorder – long-term effects of recent illness makes him vulnerable in custody – excellent prospects of rehabilitation and no re-offending

AA

(17)

 

 

 

AC

(17)

 

 

 

SS

(17)

 

[2010] NSWSC 495

Kirby J

 

[2010] NSWSC 703

Kirby J

(AA only)

Accessory

Assault – general

Juvenile

VG

(at murder trial – 10% for offer)

 

VG

(at murder trial – 25% for offer)

 

VG

(at murder trial – 15% for offer)

Nil

 

 

 

 

Nil

 

 

 

 

Nil

6y 3m

NPP 3y 7m

 

 

 

5y 3m

NPP 3y

 

 

 

5y 11m

NPP 3y 4m

 

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

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

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

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

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

HT

(16)

[2010] NSWSC 324

Hidden J

Excessive self defence

Juvenile

Fight

Stabbing - general

PG

(15%)

Mansl

 

Carry knife in public place

nil

6y

NPP 3y

 

 

FT 3m

(concurrent)

 

Fatally stabbed 17y youth on train – group containing V pursued second group containing offender on train – V stabbed several times to chest when he approached offender throwing punches – carried knife for personal protection

Deep remorse – fearful as a result of being a victim of violence in the past – violence out of character

AJC

(17)

(2010) 207 A Crim R 307

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(40% for 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

NR

(16)

[2011] NSWSC 280

Garling J

Unlawful and dangerous

Assault – domestic

Juvenile

VG

(at murder trial – 25% for offer)

nil

7y 6m

NPP 4y 6m

 

Struck 19y male sitting on chair in abandoned house from behind with piece of wood to head – angered at relationship between V and offender's ex-girlfriend – intended to have fistfight – picked up piece of timber close to entering house and while in distressed state of mind – became distressed prior to offence when realised close friend had died traumatically in area - unusual strength and hardness of wood not known to offender – intended to provoke fight not cause serious injury - panicked and refused to allow ambulance to be called for 30mins – offence involved a weapon and was committed in presence of others aged under 18y

Remorse – very good prospects of rehabilitation

AH

(16)

[2011] NSWSC 1535

Johnson J

 

[2013] NSWCCA 32

 

Co-offender:
BARGHACHOUN

SMITH

Accessory

Fight

Stabbing – general

Juvenile

PG

(20%)

Record – breached bond

4y

NPP 2y

AD

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

Immaturity

MB

(16)

[2011] NSWSC 1376

RS Hulme J

Substantial impairment

Stabbing – general

Juvenile

VG

(murder trial)

Nil

7y

NPP 4y 6m

 

Walked 3km to V's house and stabbed him in chest when he answered the door – attempted to cover scene by setting fire to house

Extremely disturbed youth with significant behavioural problems - difficult background – suffered some physical and emotional abuse –– suicide attempts – cannabis use – suffered some sexual abuse at hands of V over several years – angered at dissension in family home – facilitated administration of justice in conduct of trial – reasonable prospects of rehabilitation

HT

(17 / 34)

[2012] NSWSC 656

Hidden J

Accessory

Juvenile

Stabbing - general

VG

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

 

Rob in Co

Little of significance

6y 6m

NPP 2y3m

 

 

 

 

 

FT 3y 6m

(concurrent)

 

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

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

JC

(17)

[2012] NSWSC 1393

Barr AJ

Unlawful and dangerous

Juvenile

Stabbing - domestic

PG

(modest)

nil

5y 6m

NPP 3y

 

Female – stabbed 16y brother of de facto at offender's flat – reason for killing unclear – spontaneous offence

Troubled background – drug and mental health problems – probably in dissociative state at time of killing – remorse – chronic physical illness

WA

(20) (16 at time of offence)

[2012] NSWSC 1317

Button J

 

[2014] NSWCCA 92

 

Co-offender

ASLETT

ASLETT

Unlawful and dangerous

Juvenile

Shooting – general

Fight

PG

(25%)

Agg BES – BES - resist police – stalking - intimidation

8y

NPP 6y

AD

Offender's car allegedly set alight by V (neighbour) – offender went with brother and cousin to confront V – brother and cousin armed with baseball bat and machete – armed with loaded rifle – shot number of bullets parallel to ground – one bullet hit V in back and penetrated heart – gross spontaneous overreaction.

Dysfunctional upbringing – remorse – rehabilitation prospects.

JP

(15)

[2014] NSWSC 698

Hall J

 

Co-offenders:

AN

JH

Unlawful and Dangerous

Assault - general

Juvenile

VGNil

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

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

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

Last Updated: 29.3.2018

 

Back to Sentencing Tables Index