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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 - Shooting - Domestic

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Hill

(1981) 3 A Crim R 397

Provocation

Shooting - domestic

VG

Murder

  

Conviction AA

Manslaughter substituted

 

4y 6m

NPP 1y

Shot husband after many years of physical abuse. On night of killing V had returned home drunk and violent.

Manning

NSWCCA

15.4.1988

Unlawful and dangerous

Shooting - domestic

PGnil

5y

NPP 2y

ADShot husband - good relationship with history of violent arguments – on night of killing had argument over phone - went to friend's house and obtained rifle - shot at husband in dark intending to frighten him when he arrived home.

Roberts

NSWSC

(Hunt J)

31.8.1989

Unlawful and dangerous

Shooting - domestic

PGNil2y GBB Aboriginal female shot husband - history of domestic violence - physical & psychological abuse - treated like a 'dog' - husband had ongoing affair - on day of offence violent argument - intended to shoot husband in leg but confrontation led to shooting in chest.

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

Mathews

(42)

NSW CCA

17.4.1991

Provocation

Shooting - domestic

VG

Murder

 

s.33

s.35

Armed with intent

  

Conviction AA

Manslaughter verdict substituted

 

MT 9y 8m 22d

AT 6y 2m 11d

Custody dispute with parents-in-law - killed mother-in-law and badly wounded father-in-law

Troja

NSWCCA

16.7.1991

Diminished responsibility

Shooting - domestic

VGnil

MT 8y

AT 4y

AD

Shot husband who was having affair and wanted divorce – shot through glass door with rifle

Depressive illness.

Ryan

(46)

NSWSC

Abadee J

25.7.1991

Unlawful and dangerous

Shooting - domestic

PG 

MT 3y 4m

AT 1y 1m

(PSC 1.5m)

 

Shot wife with shotgun - deliberately placed gun near V, threatening her

Moderately affected by alcohol.

Gardner

NSWSC

Wood J

27.3.1992

Diminished Responsibility

Provocation

Shooting - domestic

PG 7y GBB 

Shot husband under extreme stress – husband very ill with MS and physically dependent - child suffered cerebral palsy and was also utterly dependent - V terrorised offender and kept gun beside bed – shot V once, then buried and reported him as missing

Extreme use of mechanisms of denial and repression developed to cope with major childhood traumas - son died in lead-up to trial - pregnant at time of sentencing - wholly exceptional case.

McMillan

NSWSC

Slattery AJ

17.12.1992

Unlawful and dangerous

Shooting - domestic

VGPCA and unlicensed driver

MT 5y

AT 3y

 Turbulent relationship with female V - on day of shooting V told him to leave - pointed rifle at V and it discharged - affected by alcohol.

Morabito

(1992) 62 A Crim R 82

Shooting – domestic

Accessory

VGnil

MT 8y

AT 2y 6m

ADArranged for lover to shoot husband during day leave from gaol - V had record for violence, involved in organised crime and history of domestic violence - lured V to place of killing and supplied gun - genuine fear that V would kill her and children if he found out about affair.

Panozzo

NSWCCA

25.3.1993

Provocation

Shooting - domestic

VG 

MT 8y

AT 2y 6m

ADShot estranged wife in front of two young daughters at point blank range - angered by finding love letters to another man.

Barnett

(1994) 71 A Crim R 515

Diminished responsibility

Shooting – domestic

Young child

VG

murder

  

Conviction AA

Manslaughter substituted:

 

MT 8y

AT 2y

Minding two step children while working as security guard - children arguing and shot step son at point blank range

Brain damage as a result of car accident - loss of self-control

Alexander

(1994) 78 A Crim R 141

 

NSWCCA

24.2.1995

Provocation

Shooting - domestic

 nil

MT 2y 6m

AT 3y 6m

Crown ADShot wife during argument - provocation was V's attitude and behaviour to offender's children from first marriage.

Tran

(39)

[1999] NSWCCA 443

Unlawful and dangerous

Shooting - domestic

PGdriving offences

MT 4y 6m

AT 1y 5m

AD

Male shot teenage brother - suspected victim stealing from mother - accidentally shot V in head with licensed pistol trying to scare him.

Married with 5 children.

McLaughlin

(20)

NSWSC

B-Parker J

24.2.2000

Unlawful and dangerous

Shooting - domestic

VG

(at murder trial – offered to plead to mansl)

Nil

MT 4y 6m

AT 3y

 Shot girlfriend in hospital – emotionally upset at Vs intention to end relationship – fired 6 shots hitting girlfriend in face – no intent to shot V – intended to kill self – discharge involuntary

Butcher

(50)

[2000] NSWSC 92

Barr J

Provocation

Shooting - domestic

PGnil

MT 2y 6m

AT 2y

 

Shot friend in chest after finding him engaged in sexual intercourse with wife.

Genuine remorse - depressed at time - will not re-offend.

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.

Trevenna

(32)

[2003] NSWSC 463

Buddin J

 

(2004) 149 A Crim R 505

NSWCCA

Excessive self defence

Shooting - domestic

PGMinor record – breached bond

7y 6m

NPP 4y 6m

Crown AD

Female - attacked by male house mate – choked and threatened with death – V holding cricket bat – shot V in back of head – volatile and deteriorating relationship – in fear of V – V large and intimidating male – unpremeditated - element of provocation

Childhood history of sexual abuse – remorse – positive prospects of rehabilitation

Hantis

(48)

[2005] NSWSC 549

James J

Substantial impairment

Shooting - domestic

VG

(at murder trial)

 

PG

Possess unauthorised firearm

 

8y

NPP 4y

 

 

FT 6m

(concurrent)

 

Deliberate and premeditated killing of mother's de facto husband – angered by perception that V stealing from business and assaulting mother – genuine attempt to commit suicide

Suffering depression – serious injuries from suicide attempt – remorse – good character

Zeng

[2005] NSWSC 1344

McClellan CJ at CL

Substantial impairment

Shooting - domestic

PG

(25%)

Mansl

 

Possess pistol

 

8y

NPP 4y 6m

 

 

FT 18m

(concurrent)

 

Female shot female cousin in head – upset by victim's plan to move out of shared accommodation – possessed gun with intention of committing suicide – impulsive offence - suffering major depressive disorder

Remorse – Chinese national with language difficulties

Nam

(29)

[2006] NSWSC 802

Adams J

Excessive self defence

Shooting - domestic

PG

(17%)

Mansl

 

2 x Mal inflict GBH

Minor – no violence

4y 6m

NPP 2y

 

 

FT 18m

(concurrent)

 

Attempt made by V and group of males to unlawfully evict offender and family (including 14m child) from farmhouse – program of intimidation undertaken at night involving violence and threats to rape and kill – offender panicked and provoked - fired shot gun at advancing group – use of gun reasonable but not uncontrolled firing - bottom of range - extremely provocative conduct of victims a substantial mitigating factor

Father to young child

Moore

(72)

[2006] NSWSC 1369

Bell J

Provocation

Shooting - domestic

PG

(25%)

Nil

4y 6m

NPP 2y

 

Shot 41y neighbour from housing commission flats – lengthy period of confrontation intensified during previous 6 days – unsuccessful in attempt to obtain AVO – significant distress and turmoil – threatened by V – V a drug user with mental problems

Community involvement – impeccable character – early stages of dementia and some hearing loss

Kaiser

(34)

 

 

 

 

Hunt

(19)

 

[2007] NSWSC 1362

Barr J

 

(Kasier)

[2009] NSWCCA 130

Unlawful and dangerous

Shooting – domestic

Accessory

PG

 

Sched:

Supply amphet

 

PG

Breached conditional liberty – record for ADVO offences

 

Priors – breached conditional liberty

10y 11m

NPP 8y 2m

 

 

 

 

9y

NPP 6y 9m

AD

K angry with former lover over ending of relationship and drug debt – arranged for H to 'deal with' her – H fired three shots at house killing V – carefully planned offence

K – instigator and planner – drug addictions – bipolar disorder in remission

H – chose to use gun

Antaky

(50)

[2007] NSWSC 1047

Hulme J

Substantial impairment

Fight

Shooting - domestic

VG

(at murder trial)

Nil

8y

NPP 6y

 

Shot brother-in-law during family dispute – V displayed threatening behaviour toward offender's parents – offender had "fixed determination" to kill V.

Depressive disorder

Seelin

(37)

[2009] NSWSC 286

Fullerton J

Unlawful and dangerous

Shooting - domestic

PG

(10%)

Mansl

 

Possess unauthorised firearm

Nil

7y 2m

NPP 5y 4m

 

 

FT 2y 6m

(concurrent)

 

Shot male neighbour attempting to force entry into house – friendly relationship soured over time – V assaulted offender and made threats against family – offender kept loaded revolver in house with young children for some time before shooting – probably kept for protection – legitimate fear – on day of shooting approached V with loaded firearm concealed – V later approached offender outside house and repeated threats – pursued offender into house and damaged screen door – offender fired one shot through screen door – element of self-defence and defence of young children in house

Prior good character – offence out of character – sound prospects of rehabilitation – mild chronic depressive illness

Chant

(41 – 48 at sentence)

[2009] NSWSC 593

Howie J

Provocation

Shooting - domestic

PG

(5%)

Mansl

 

Interfering with human remains

nil

4y 9m

NPP 3y 4m

 

 

FT 10m

 

Total:

5y 4m

NPP 3y 11m

 

Female – shot husband in head during argument – physically abusive relationship – gun initially produced that night by V – dismembered body and disposed of in various locations

Son assisted in hiding boy

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

Last updated: 29.3.2018

 

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