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

 

Manslaughter

Non-Parole Period Ten Years or Greater 

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Ulgun

NSWCCA

5.3.1991

Diminished responsibility

Shooting - domestic

PGnil

MT 15y

AT 5y

AA

MT 12y

AT 4y

Fired ten shots at neighbours believing them to be contract killers

Suffering paranoid schizophrenia

Farrar

NSWCCA

6.5.1991

Unlawful & dangerous

Motor vehicle

 appalling driving record including culpable driving causing death

MT 13y 8m

AT 4y 5m

AA

MT 10y 8m

AT 3y 8m

Drove car into side of tree killing police officer holding on to the side

Alcohol involved.

Fryer

NSWCCA

17.3.1992

Diminished Responsibility

Assault - general

PG

 

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

Evers

NSWCCA

16.6.1993

Diminished responsibility

Shooting - general

VGnil

MT 18y

AT 7y

AD

Shot five people in units after believing V called him 'dole bludger'.

Not treatable and danger to community - severe personality disorder - close to psychotic - tendency to transient psychosis  triggered by stress or drugs (three overlapping disorders)

Keceski

(33)

NSWCCA

10.8.1993

Diminished responsibility

Assault - domestic

VGno significant

MT 10y

AT 3y 4m

AD

 

Special leave to HC refused

Broke into house and bashed ex girlfriend to death with glass decanter

Depressive illness

Vella

(33)

NSWCCA

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.

Carlson

NSWCCA

25.11.1996

Diminished responsibility

Assault - domestic

PGlong record, bond for DV

MT 11y

AT 5y

AD

Assaulted de facto wife - substantial number of blows - violent relationship characterised by alcohol abuse - some provocative statements from V prior to attack.

Permanent brain damage from car accident and alcohol - reduced self-control

Cooper

NSWCCA

24.2.1998

Diminished Responsibility

Shooting - general

VG

 

Arson

 

MT 12y

AT 6y

AD

Offences committed at instigation of co-accused's father - burnt down house of rival and executed V at his home – co-accused acquitted.

Major depressive dissociative state - elements of brainwashing by co-offender's father

Horan

(45)

NSW SC

Hidden J

20.3.1998

Diminished Responsibility

Shooting - general

PG

(see facts)

old record - irrelevant

MT 16y

AT 6y

 

(earliest release date 30.3.2002)

 

Re-determination under s13A

1986 - manslaughter, wound with intent to murder, 5 x shoot at police with intent to murder, common assault.

Behaving strangely day of offence - police despatched to find offender at request of family - fired at them repeatedly until emptied rifle.

Paranoid schizophrenic - some rehabilitation but psychiatric state still major concern.

Bessant

(25 at offence)

NSWSC

Smart J

20.5.1998

Unlawful and dangerous

Shooting - general

VGbad record - committed AR four days after shooting.

MT 12y

AT 6y

 

(earliest release date 31.5.2001)

 

Re-determination under s.13A

1987 - contracted to drive past and fire at house to frighten occupants - 5y girl killed - dispute between neighbours.

Substantial rehabilitation although minor drug matters in gaol - when eligible for release will have spent 15y 10m in gaol.

Murdoch

NSW CCA

10.12.1998

Young child

Assault - domestic

PG 

MT 10y

AT 5y

ADMale angered when de facto's 3y son dirtied clothes - blow to abdomen and forced child to have cold shower - few factual details.

Veen

28 (45)

[2000] NSWSC 656

Sully J

Diminished responsibility

Stabbing - general

VGnon-fatal stabbing in 1971 and stabbing manslaughter in 1975 (DR).

Life

 

Re-determination

MT 20y

Life

 

Redetermination of life sentence

1983: stabbed homosexual male victim in flat - agreed initially to have sex but became angry and stabbed victim in rage

Aboriginal - fostered at young age and subjected to sexual abuse in early teens - brain damage and alcohol abuse - offence committed 9 months after release on licence for earlier manslaughter - issue of dangerousness.

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

Guider

(36 at offence - 52 at sentence)

[2002] NSWSC 756

Wood CJ at CL

Unlawful and dangerous

General

PGsentenced for sexual offences committed on young children over lengthy period of time

17y

NPP 12y

 

Killing of young girl in 1986 - picked up V and took her somewhere - V died after being drugged with normison - body never recovered - no details of offence provided by offender - part of series of sexual offences committed on young children over 15y years - involved using stupefying drugs to take photographs and commit sexual acts

Dysfunctional background - denied offence for long period of time - no insight into offending - dangerousness - strict protection - paedophilia

Hoerler

(20)

[2003] NSWSC 1187

Miles AJ

 

(2004) 147 A Crim R 520

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Mal damage, burglary, assaults

11y

NPP 8y 3m

Crown AA

14y 4m

NPP 10y 9m

Multiple injuries to 7m son of de facto – punch caused lower teeth into roof of mouth – punch to abdomen – clamp to toes causing breaks – died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Protective custody

Taber

(27)

 

 

 

 

 

 

 

Styman

(37)

 

[2005] NSWSC 1292

Studdert J

 

(2007) 170 A Crim R 427

NSWCCA

 

Co-offender:

STYMAN

Unlawful and dangerous

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

AD

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

Clare

(35)

[2006] NSWSC 812

Grove J

 

(2008) 181 A Crim R 450

NSWCCA

Unlawful and dangerous

Young child

General

VG

Mansl

 

 

PG

s.66A

Record for sexual offences against children

25y

NPP 18y 9m

 

 

FT 14y

(concurrent)

 

(cumulative on existing NPP 12y 1m)

AA

25y

NPP 15y 9m

 

FT 14y

(concurrent)

Babysitting 3y boy – sexually penetrated V- V vomited and choked – applied electrical wires in attempt to revive V – worst case category

Self-confessed paedophile - serving sentence for sexual assault of V's 6y sister.

BW (No 3)

(46)

[2009] NSWSC 1043

Hulme J

 

[2011] NSWCCA 176

Negligence

Young child

General

VGNil

16y

NPP 12y

AD

Father of 7y daughter who died as a result of starvation and neglect – daughter suffered developmental delay and autism – left in bedroom in unhygienic conditions - ignored daughter - worst case

Mother [SW] convicted of murder and sentenced to Life

Unlikely to reoffend – rehabilitation.

LC

(32)

[2010] NSWSC 815

Hidden J

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Manslaughter (diminished responsibility)– killed stranger at brothel – breached parole

14y 6m

NPP 10y 6m

 

Killed 13m stepson – held baby around the neck and shaking and choking him violently – threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse

Spark

(23)

[2012] NSWCCA 140

Motor vehicle

Unlawful and dangerous

PG

(25%)

Mansl

 

Mansl

 

Sched:

Agg BES

Take and drive conveyance

Significant record including car theft offences – breached parole

13y 6m

NPP 9y 9m

 

 

12y 6m

NPP 8y 9m

 

Total

15y

NPP 11y 3m

AD

Broke into home and stole car keys – drove away car parked in driveway – next day drove stolen vehicle on incorrect side of road - collided with oncoming car killing driver and passenger – under influence of drugs and alcohol – police pursuit over 2.2km up to speeds of 185kph – continued at high speeds after pursuit terminated for 3.2km – wet conditions – unlicenced – very high level of culpability

Genuine remorse

Nguyen

(55)

[2013] NSWSC 197

Fullerton J

 

[2013] NSWCCA 195

Excessive self defence

Shooting - general

PG

(10%)

Mansl

 

s.33(1)(a)

 

Sched:

Firearms offence

Supply commercial qty drugs

9y 5m

NPP 7y

 

 

FT 7y

(concurrent)

Crown AA

16y 2m

NPP 12y

 

8y 1m

NPP 6y

 

Total:

17y 2m

NPP 13y

Police raid garage of units occupied by offender pursuant to search warrant – offender exited garage and fired shots – struck constable in arm - police shots in reply fatally struck constable - offender victim of attempted armed robbery two weeks earlier in same location – unaware V a police officer but ought reasonably to have foreseen possibility

Vietnamese – commenced using drugs after death of first wife - remorse

Tabbah

(22)

[2014] NSWSC 1764

Schmidt J

Accessory

Shooting general

VGLengthy - rob in company – AOABH

14y

NPP 10y

 

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

High risk of committing further violent offences – special circumstances.

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

Khan

(46)

[2016] NSWSC 1073

Fullerton J

Arson

Unlawful and dangerous

VG

Murder

 

 

2 x Mansl

 

 

Recklessly cause GBH

 

Reckless wound

 

s.197(1)(b)

Nil

Indicative:

30y

NPP 22y

 

20y

NPP 15y

 

5y

NPP 3y 9m

 

3y 6m

NPP 2y 8m

 

4y

 

Agg:

40y

NPP 30y

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

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

Last Updated: 29.3.2018

 

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