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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 - Shooting - General  

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Jennar

NSWCCA

4.3.1991

Unlawful and dangerous

Shooting - general

VG

Manslaughter

Rob with wound

 

20y

NPP 15y

(concurrent sentence)

AA

MT 7y 7m

AT 2y 6m

Killed V with shotgun - believed he had been ripped off in drug deal.

Affected by sleeping pills and need for drugs.

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.

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)

Gombar

(70)

NSW SC

Wood J

16.6.1994

Diminished responsibility

Shooting - general

PG

Mansl

Mal wound

nil

MT 6y

AT 5y

 

Shot 2 friends celebrating his birthday - set fire to unit and shot self - concerned victims had stolen from him and intended to kill him

Paranoid psychosis or paranoid personality disorder - resulting in grossly abnormal ideas

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.

El Badar

(17)

NSW CCA

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

Maguire

NSWCCA

30.8.1995

Unlawful and dangerous

Shooting – general

Fight

VGpriors but not for violence

MT 8y

AT 2y

ADAltercation at club with V - returned with gun and resumed fight - accidental discharge - intoxicated.

Blacklidge

(66)

NSWCCA

12.12.1995

Diminished responsibility

Shooting - general

PGnil

MT 2y

AT 3y

Crown AA

MT 4y

AT 4y

Wrongly believed neighbour having affair with wife – shot without provocation

Degenerative brain disease - paranoid delusions

Edwards

NSWSC

Dowd J

9.8.1996

Accessory

Shooting - general

PGserious although not extensive - no violence

MT 5y 4m

AT 2y 8m

 

Joint criminal enterprise to rob pizza shop - employee fatally shot by co-offender – offender drove car and remained in car at all times - aware of gun but did not check if loaded

Difficult childhood - suffering Hep B - remorse - prospects of rehabilitation – youth – ADD

SAE

(15)

NSW CCA

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.

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.

Swindale

(57)

NSWCCA

22.6.1998

Diminished Responsibility

Shooting - general

PGalcohol related - no serious violence

MT 10y

AT 10y

AA

MT 9y

AT 3y

After argument over generator shot V in knee and head.

Concerns raised about dangerousness - organic personality disorder resulting from brain damage caused by accident and alcohol abuse

McEwan

(35)

NSW SC

Barr J

9.7.1998

Provocation

Shooting - general

VGno violence

MT 5y

AT 3y

 

Male drinking heavily with ex-girlfriend and her de facto - de facto began hitting girlfriend - offender obtained gun from house and shot de facto - motivated by fear for ex-girlfriend - no prior animosity or jealousy.

Tragic childhood, including sexual abuse - highly suicidal in gaol - good rehabilitation in gaol.

Dang

[1999] NSWCCA 42

Provocation

Shooting – general

Fight

VGnil

MT 4y 6m

AT 1y 6m

Crown ADFemale had argument with female V where V had produced rifle - two weeks later another argument ensued - offender loaded rifle out of fear V might use it against her - V shot during argument - high level of criminality and culpability - also wounded V's daughter.

Papandrea

[1999] NSWSC 978

Studdert J

 

[2000] NSWCCA 499

Unlawful and dangerous

Shooting - general

PGnot relevant

MT 6y

AT 3y

ADShot acquaintance at close range - circumstances of shooting not clear - both affected by drugs.

Oinonen

(62)

[1999] NSWCCA 310

Unlawful and dangerous

Shooting - general

VG

(at murder trial – offered to plea to mansl)

not stated

MT 8y

AT 3y

AA

MT 6y

AT 3y

Intoxicated male confronted V about stolen opals - fired at V as he ran away

Carroll

(25)

[2000] NSWSC 410

Greg James J

Diminished responsibility

Shooting - general

PG

Mansl

 

Sched:

Assault

Possess firearm

nil relevant

12y

NPP 7y 6m

 

Aboriginal male shot male stranger in neck and chest.

Suffering borderline personality disorder and/or acute depression with suicide attempts - epileptic and drug and alcohol issues.

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

Do

[2001] NSWCCA 19

Negligence

Shooting - general

VG 

MT 18m

AT 18m

(PD)

Conviction ADSpent night in company with V and friend drinking, smoking heroin and taking rohypnol and playing with V's shotgun - pointed gun at V and deliberately pressed after playing with safety catch - thought he had put safety catch back on.

Veech

(25)

[2001] NSWSC 68

Wood CJ at CL

Provocation

Shooting – general

Fight

VG

(at murder trial)

Nil relevant

6y 6m

NPP 4y 11m

 

Shot male friend four times with rifle after loud and aggressive confrontation outside offender's house - shot V twice while standing and twice while V helpless on ground - provocation significant and annoying but not extreme - struck V with rifle butt after shooting him - intent to kill.

Youth - unlikely to re-offend in this way - suffering physical effects of motor accident - benefit from counselling.

Pennisi

(28)

[2001] NSWSC 461

Bell J

 

[2001] NSWCCA 326

Unlawful and dangerous act

Shooting - general

VG

(at murder trial - 25% offer to plea and assist)

nil

9y

NPP 6y

AD

Confronted manager of shopping centre with loaded .22 calibre Ruger semi-automatic rifle hoping to force him to drop civil suit - during struggle V shot in stomach - panicked and fired ten shots at point blank range.

Voluntarily surrendered to police - depressed at time of offence as result of business failing in shopping centre – truly remorseful

Stelfox

(21)

[2001] NSWSC 630

Howie J

 

(2002) 133 A Crim R 288

NSWCCA

 

Co-Offenders:  SINGLETON & DENTON

Accessory

Shooting - general

PG

(45% plea and assist)

nil relevant

5y

NPP 2y 6m

AD

Male shot dead during attack by three men, including offender - pay back for insulting behaviour of V towards mother of one offender - volunteered to join enterprise - aware of presence of shotgun - joint criminal enterprise to carry out unlawful and dangerous acts - intended to inflict harm with weapons capable of inflicting serious injury

Offence out of character - mildly affected by drugs - depressed as result of offence - remorse.

Puta

(38)

 

 

 

Nitovic

(30)

 

 

Curry

(24)

 

Mackic

(37)

 

Oldham

(31)

 

 

Nanai

(28)

 

[2001] NSWSC 225

Hidden J

 

Puta, Nitovic, Nanai

[2002] NSWCCA 495

 

Curry

[2002] NSWCCA 109

Accessory

Shooting - general

VG

(at murder trial)

serious drug offence - parole

 

 

 

brief record

 

 

 

minor

 

 

minor

 

 

assault and firearms offences

 

minor assault - on recog

11y

NPP 7y

 

FT 3m (cum)

 

10y

NPP 6y

 

 

10y

NPP 6y

 

10y

NPP 6y

 

10y

NPP 6y

 

 

8y 6m

NPP 5y

AD

 

 

 

 

AD

 

 

 

AD

 

 

 

 

 

 

 

 

 

AD

2 men ambushed by 9 men - both men shot dead - reason for assault or who fired shots unclear - jury satisfied each man was party to assault and knew of presence of guns, but were not satisfied they contemplated guns would be used to kill or wound.

AP - also sentenced for contempt of court - Albanian - difficult childhood - remarkable behaviour as a prisoner - genuine remorse

ZN - Serbian - disturbed and violent upbringing - hard worker supporting four children - currently in stable and supportive marriage - well regarded by prison authorities - seriously injured in incident - suffering low grade depression - rehabilitation - onerous bail conditions.

RC - Samoan - good upbringing – de facto relationship with two children - remorse - good record as a prisoner - drove ZN to hospital probably saving his life and increasing risk of detection.

GM - Bosnian - father to 2 children - well regarded by prison authorities.

RO - stable and supportive childhood - well regarded by prison authorities.

SN - subsidiary role - impressive character evidence - in very stable marriage with one daughter.

All offenders dealt with as "high risk" prisoners while on remand.

Singleton

(19)

 

Denton

(20)

 

[2001] NSWSC 850

Howie J

 

Co-offender:

STELFOX

Accessory

Shooting - general

VG

(at murder trial)

nil

9y

NPP 5y 6m

 

10y

NPP 6y

 

Male shot dead during attack by four men as pay back for alleged insulting behaviour of V towards mother of one offender - joint criminal enterprise to threaten and use force if necessary - firing of shotgun an unexpected incident.

D - instigator of offence - manipulated co-offenders for own purposes.

Griffis

(33)

[2001] NSWSC 1154

McClellan J

Provocation

Fight

Shooting - general

PG

(30% combined)

minor juvenile offence

7y

NPP 5y 3m

 

Went camping with male friend - during physical argument received burn injuries to face - retrieved gun and shot friend in head - intoxicated and under influence of cannabis

Limited intelligence - good work record - problem with alcohol - unlikely to re-offend - remorse - co-operated with police

Barby

(48)

[2001] NSWSC 1169

O'Keefe J

No specific intent

Shooting - general

VG

(at murder trial)

nil relevant

10y

NPP 6y

 

Went pig shooting with two male friends - all intoxicated and under influence of cannabis - shot one friend in chest with shotgun at 2-3 metres - no provocation or self-defence - so grossly affected by alcohol as to be incapable of forming intent

Protective custody.

Popovic

(29)

[2001] NSWSC 1118

O'Keefe J

 

[2003] NSWCCA 103

Provocation

Shooting - general

PG

 

 

VG

9 x mal wound

firearms offences

10y

NPP 6y

 

FT 3y

 

Total:

12y

NPP 8y

AD

Discharged 2 shots from double barrelled shot gun in busy street - injured 9 bystanders - shot dead male – V had been harassing and threatening offender over long period of time - offender in relationship with V's ex-girlfriend - formed intent to kill prior to day of shooting - no fear for safety at time of shooting

Some contrition - good prospects of rehabilitation

Nguyen

(24)

[2002] NSWSC 536

Greg James J

Excessive self defence

Shooting - general

PG

(25%)

Mansl

 

s.33

 

2 x s.33A

 

Sched:

Possess unlic firearm

Serious offences including armed robbery - On parole

7y

NPP 3y 6m

 

 

FT 3y

 

FT 2y

(all concurrent)

 

6 persons burst into house where offender visiting armed with clubs and bars intending to rob and inflict injury if required - offender discharged 2 shots from pistol killing one man - pursued men firing more shots - impulsive shooting

Vietnamese - prospects of rehabilitation

Cioban

(37)

[2002] NSWSC 972

Studdert J

 

(2003) 139 A Crim R 265

NSW CCA

Excessive self defence

Shooting – general

Fight

VG

 

 

s.33A

 

8y

NPP 5y

 

FT 18m

 

Total:

9y

NPP 6y

Conviction AA - s.33A

 

Manslaughter:

AA

6y 6m

NPP 4y

Involved in fight with group of Fijians on street - punched and kicked - fired shot at V failing to strike anything - pursued by V in aggressive manner - backed into door way and shot V in chest - no premeditation - believed necessary to defend self

Romanian - full time carer for disabled son - out of character - good prospects of rehabilitation

Hucker

(27)

[2002] NSWSC 1068

Howie J

Substantial impairment

Shooting - general

PG

(15%)

nil

9y 6m

NPP 5y

 

While on a shooting excursion shot good friend under delusional belief he had raped offender's mother, sister and grandmother - tried to get V's father, who was present, to say V had shot himself.

Paranoid schizophrenic (diagnosed after offence) - protective custody

Diab

(19)

[2003] NSWSC 978

Shaw J

 

[2005] NSWCCA 64

Unlawful and dangerous

Shooting – general

Accessory

Fight

PG

(25%)

 

Sched:

Affray

2 x Firearms offences

Nil

9y

NPP 6y

AD

With juvenile co-offender became involved in altercation with 18y male on street - co-offender shot V at close range in chest – unpremeditated - aware of presence of loaded gun but not aware MA would shoot

2 days before threatened male at service station with loaded pistol - prior good character and strong prospects of rehabilitation.

MA sentenced for murder: [2003] NSWSC 978 / (2004) 145 A Crim R 434 [2004] NSWCCA 92

Forbes

(29)

[2004] NSWSC 421

Hulme J

 

(2005) 160 A Crim R 1

NSWCCA

Unlawful and dangerous

Fight

Stabbing – general

Accessory

Excessive self defence 

Shooting – general

PG

(12%)

Mans

 

VG

Mansl

(at murder trial - 12% for offer to plea)

Lengthy record – breached parole

12y

NPP 9y

 

 

12y

NPP 8y

 

Total:

19y

NPP 15y

AA

9y

NPP 6y 9m

 

12y

NPP 8y

 

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – male stabbed by friend of offender – aware friends intoxicated and had knife – aware risk knife would be used

3 months later took loaded gun to confront male acquaintance over disputed issues – aware V violent – shot V in caravan in subsequent struggle – second shot fired while V on or near floor – intent to kill

Low prospects of rehabilitation

Van Oosterum

(50)

[2004] NSWSC 532

Greg James J

Unlawful and dangerous

Shooting - general

PG

(25%)

Nil

7y

NPP 4y

 

Offender's gun discharged during struggle with V on street – offender confronted V over alleged relationship with offender's wife – no intent – had gun in possession to ensure V listened

Suffering depression and disordered thinking – emotionally distraught – grave loss of judgment - contrition – co-operation – prior good character – excellent prospects of rehabilitation

Vuni

(50)

[2005] NSWSC 184

Studdert J

 

[2006] NSWCCA 171

Excessive self defence

Shooting - general

VG

(at murder trial)

Prior convictions for violence

10y

NPP 7y 6m

AD

Shot male acquaintance in head after heated discussion – intent to kill – had been requested by V to recover stolen weapons and assault men responsible – threatened by V when failed carry out request – fearful for family present at scene of offence

Tongan

Ali

(mid 20s)

[2005] NSWSC 334

Wood CJ at CL

Excessive self defence

Provocation

Shooting - general

VG

(at murder trial)

Record includes acc to robbery

5y 8m

NPP 2y 8m

 

V obsessed with offender's partner - threatened offender and partner a number of times including using a pistol – on night of killing, V had cocaine and told others he was going 'to get' offender – V talked with offender then threatened to have his parents killed – offender shot V when latter seeking refuge after being disarmed

Lebanese background – stable family – doesn't use drugs – remorse – involved in community – partner pregnant again

Clifford

(19)

[2005] NSWSC 521

Adams J

 

(2005) 156 A Crim R 577

NSWCCA

Shooting – general

Accessory

Fight

VG

(at murder trial)

 

 

Mal cause GBH

On bond for assault

6y

NPP 3y

 

 

3y

NPP 1y 8m

(concurrent)

Crown AA

7y 6m

NPP 4y 6m

 

3y

NPP 1y 8m

(concurrent)

Initiated argument with group of men on street – co-offender came to assistance, shooting two of men - one fatally - one permanently injured

Subjected to violence by mother's boyfriends – functionally illiterate – drug and alcohol use – substance-induced mental illness – remorse – good prospects for rehabilitation

Co-offender AB sentenced for murder: [2005] NSWSC 521 / (2005) 156 A Crim R 577 [2005] NSWCCA 360

Nguyen

(23)

[2005] NSWSC 600

Johnson J

Accessory

Shooting - general

PG

(15%)

Criminal record for traffic offences only

6y

NPP 4y

 

With co-offender stopped male V in street – V shot dead by co-offender and second male shot in arm – intended minor assault – not aware of gun – part of longstanding feud

Vietnamese

Ahmad

(30)

[2005] NSWSC 911

Howie J

 

[2006] NSWCCA 177

Excessive self defence

Fight

Shooting - general

PG

(15%)

 

Mal inflict GBH

 

Mal wound

 

AOABH

Irrelevant

9y 4m

NPP 6y

 

FT 15m

 

FT 9m

 

FT 9m

 

Total:

10y 4m

NPP 7y

AD

Arguments between factions of Lebanese community – offender broke V1's jaw and later shot and killed V2 – intent to kill

Lebanese – married with 3 young children – wife sentenced for hindering police – out of character – some hearing loss from bomb blasts in Lebanon – very low IQ – good rehabilitation prospects

Diab

(26)

[2007] NSWSC 577

Studdert J

 

[2009] NSWCCA 58

Excessive self defence

Shooting - general

PG

(15%)

Priors – assault

10y 3m

NPP 7y 9m

ADMet with V in bedroom of house to discuss dispute over drug dealing – V drew gun but no evidence gun was loaded – shot V five times – unreasonable response

M.Taufahema

(25)

[2007] NSWSC 959

Grove J

 

 

Co-offender:

J.TAUFAHEMA [2007]

Unlawful and dangerous

Shooting – general

Accessory

PG

(18.5%)

Priors including violence – breached parole

11y

NPP 7y

 

Driver of car with four occupants and unlicenced firearms – car stopped by highway patrol police officer – officer shot dead by co-offender – contemplated possibility that someone would discharge firearm without intent to kill or cause GBH

Father to young daughter – prospects of rehabilitation – onerous conditions of custody for some period of incarceration – genuine remorse – history of trial and appeals raising element of double jeopardy

Frazer

(52)

 

Spencer

(37)

 

[2007] NSWSC 1449

Howie J

Accessory

Shooting - general

VG

 

 

VG

Old record

 

 

Extensive record

11y

NPP 7y 6m

 

13y

NPP 9y 6m

 

S organised armed robbery of male flatmate in early hours of morning – F and co-offender participated in robbery - during robbery co-offender shot V in head – both S and F aware co-offender armed with loaded firearm but did not foresee would be used with required intent

Co-offender Wilson sentenced for murder: [2008] NSWSC 238

J.Taufahema

[2007] NSWSC 1460

Grove J

 

 

Co-offender:

M.TAUFAHEMA [2007]

Accessory

Shooting - general

PG 

11y

NPP 7y

 

Total:

(see facts)

14y

NPP 10y

 

One of four occupants in stolen car – co-offender shot police officer – participation in offence of unauthorised possession of firearms contemplating possible discharge of firearm without required intent

Sentenced after earlier trial for related offences of unauthorised use of weapon to prevent lawful apprehension, attempted carjacking and use firearm without authority

Mawson

(60)

[2007] NSWSC 1473

Adams J

Substantial impairment

Shooting - general

PG

(25%)

Minor record

7y

NPP 4y

 

Suffering PTSD from war service in Vietnam and brain damage – V seriously mentally unwell, delusional and dangerous - threatening and abusing offender's family – coincidental meeting resulted in offender shooting V multiple times – offender's mental condition affected perception of events and ability to control actions

Post traumatic stress disorder - Remorse

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

Maric

(32)

[2009] NSWSC 346

Harrison J

Substantial impairment

Shooting - general

PG

(25%)

nil

7y 6m

NPP 5y

 

Shot V - V made threats he would harm offender's family if he did not assist with drug cultivation - immediate surrender and confession to police – knew V from school days - V well-known as aggressive and intimidating – continuous intimidation from V - offender began to abuse drugs and suffer from depressive disorder – offender's impairment at high end of spectrum – strong connection between depressed mental state and intimidation from V.

Serbian background – wartime memories – no likelihood of reoffending or dangerousness – prior good character – trusted and loyal employee - 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

Scott

(26 at offences – 37 at sentence)

[2010] NSWSC 1026

Hidden J

Accessory

Shooting - general

PG

(15%)

Mansl

 

Armed Ass w/I rob

nil

11y

NPP 8y

 

 

FT 5y

 

Total:

12y

NPP 9y

 

Pleaded as accessory before fact to each offence – arranged for co-offenders to cause ex-business partner physical harm and steal money – angered by soured business relationship – provided photo of V and gun but no ammunition – V shot dead in struggle – paid co-offender $50,000 after being threatened – reasonable person would have anticipated risk of serious injury – no intent to have V shot

Co-offender Grupe [2007] NSWSC 1303 sentenced for murder

Grant

(52)

[2010] NSWSC 1048

Barr AJ

 

[2014] NSWCCA 67

Excessive self defence

Shooting - general

PG

(25%)

Mansl

 

Dispose of body

 

Cultivate comm qty cannabis

 

Supply cannabis

Nil

12y

NPP 8y 6m

 

 

FT 1y

 

 

5y 4m

NPP 4y

 

FT 2y

 

Total:

14y

NPP 10y 6m

AA

10y

NPP 7y 6m

 

FT 1y

 

 

5y 4m

NPP 4y

 

FT 2y

 

Total:

12y

NPP 9y 6m

Grew cannabis plants at farm to meet financial obligations – V twice stole plants – armed self with loaded pistol for protection – on third occasion V broke into house and shot twice – disposed of body in nearby national park – 1,549 cannabis plants found on property – 8.14kg dried cannabis – principal in drug offences – below mid-range

On appeal sentenced on basis of intent to cause GBH

Aslett

(18)

[2011] NSWSC 650

Harrison J

 

 

Co-offender:

WA

ASLETT

Accessory

Fight

Shooting – general

VG

(at murder trial - 25% for offer)

Extensive

7y

NPP 4y 6m

 

Argument with male V over alleged burning of cousin's car – with cousin returned home to arm selves with machete and baseball bat – aware another cousin armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – offender struck V with baseball bat cousin shot V in back – all offenders fled scene – just below mid-range

Anger management problems

Forbes

(20)

[2011] NSWSC 1547

Harrison J

 

 

 

Co-offender:

SHEDDEN [2012]

Accessory

Fight

Shooting - general

PG

(50% plea and assist)

nil

3y

NPP 1y 6m

 

Part of group chasing another group due to earlier altercation – V armed with knife – shot by co-offender – offender was not armed but aware co-offenders were – shooting was not intended – no planning.

Protective custody – special circumstances – assistance to authorities - prior good character.

Second co-offender sentenced for murder Shedden [2012] NSWSC 854

Aslett

(22)

[2012] NSWSC 711

Harrison J

 

Co-offender:

WA

ASLETT

Accessory

Fight

Shooting - general

VG

(at murder trial - 25% for offer)

Assault

6y 3m

NPP 4y

 

Argument with male V over alleged burning of brother's car – with cousin returned home to arm selves with machete and baseball bat – brother armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – brother shot V in back – all offenders fled scene – just below mid-range

Difficult childhood – temper problem – partner with young child

Shedden

(31)

[2012] NSWSC 759

Fullerton J

 

[2013] NSWCCA 225

 

 

Co-offender:

FORBES [2011]

Unlawful and dangerous

Shooting – general

Fight

Accessory

PG

(25% plea and assist)

violence

9y

NPP 6y 9m

AD

Male shot dead emerging from car that had been lured into suburban street – attack retaliation for earlier assault by V on several members of group – allowed house to be used for planning of assault on V and present during attack - aware someone in group of assailants had gun – played a principal role – high degree of criminality

Protective custody - lost all contact with family, wife and children – brother sentenced for murder

Brother sentenced for murder Shedden [2012] NSWSC 854

Mariam

(24)

[2012] NSWSC 1023

Latham J

 

[2013] NSWCCA 338

Unlawful and dangerous

Fight

Shooting - general

VG

(at murder trial – 15% for offer)

Mansl

 

Affray

Old robbery offences

7y 9m

NPP 5y 9m

 

 

 

FT 3y

 

Total:

8y

NPP 6y

Crown AA

12y

NPP 8y 9m

 

 

FT 4y

 

Total:

13y

NPP 9y 9m

Involved in arranged confrontation between two groups of male youths – fired up to ten cartridges from Ruger pistol at opposing group in car park – bullet struck truck driver across road killing him instantly – first to discharge firearm

Married with two children – moderate prospects of rehabilitation

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.

Booth

(38)

[2012] NSWSC 1424

Latham J

Excessive self defence

Shooting - general

PG

(10%)

 

Sched:

5 offences

Assault, malicious damage, possess firearms, possess drug

9y

NPP 6y

 

Shot V once at close range to chest – dispute over drug dealing – warned by V's brother V was angry and coming to sort offender out – placed loaded shotgun at door – when V arrived forced entry through half opened door armed with baton – shot fired by offender – serious case of manslaughter

Drug use – good rehabilitation prospects

O'Brien

(19)

 

 

 

 

 

McManus

(19)

 

 

 

 

 

Williams

(23)

 

 

[2012] NSWSC 1503

Price J

Unlawful and dangerous act

Shooting - general

Accessory

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

Malicious wound, rob in co

 

 

 

 

Rob in co, Driving with drugs

 

 

 

 

Assaults, AOABH, on bond

7y 10m

NPP 5y 6m

 

 

FT 4y 3m

(concurrent)

 

7y 8m

NPP 5y 4m

 

 

FT 4y 1m

(concurrent)

 

8y 1m

NPP 5y 9m

 

 

FT 4y 6m

(concurrent)

 

V was part of group who had arranged to supply ecstasy to offenders – offenders planned to rob suppliers and on-sell drugs for significant financial gain - V died from gunshot wound to head during robbery attempt – gun fired from vehicle driven by offenders - each offender sentenced on basis he did not fire gun and did not know of weapon.

O'Brien – substance abuse – schizophrenia

McManus – substance abuse – good rehabilitation prospects

Williams – tragic early life following death of mother – early use of drugs and alcohol – prospects of employment – family support - special circumstances

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

Abbas

(18)

[2013] NSWSC 1379

Beech-Jones J

 

 

[2014] NSWCCA 188

Unlawful and dangerous

Shooting - general

PG

(25%)

Mansl

 

AOABH in Company

 

Possess prohibited pistol

 

Sched:

Possess ammo

minor

11y

NPP 7y

 

 

FT 2y

 

 

FT 3m

 

Total:

11y

NPP 8y

AD

 

Attended home of friend carrying prohibited pistol to confront male acquaintance over drug debt – assaulted male to head – pistol discharged killing friend of offender

Smith

(21)

[2014] NSWSC 1069

Garling J

 

[2015] NSWCCA 193

Excessive self-defence

Shooting general

VG

(at murder trial - 25% for offer)

Prior record for serious personal violence – breached parole

12y

NPP 9y

AA

10y

NPP 7y 6m

Shot male friend – after argument during previous evening met up with friend and two others for purpose of fist fight – small element of provocation

On appeal sentencing judge omitted to find offender perceived V was armed with gun and willing to use it against him - omission affected evaluation of unreasonableness of response

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

W Basanovic

(21)

[2016] NSWSC 292

DaviesJ

Excessive self defence

Shooting – general

VG

(at murder trial)

 

s.33

Violence

11y 6m

NPP 8y

 

9y 4m

NPP 7y

 

Total:

14y 6m

NPP 11y

 

Father and victim members of bikie club - serious falling out – threats made to father – visited victim's office with father and friend – heated argument - offender 'lost it' and shot victim – five shots fired – employee shot in arm and seriously injured – part of joint criminal enterprise to kill – agreement on behalf of offender based on defence of father - upper mid-range for manslaughter

Father convicted of murder: [2016] NSWSC 292

Hamzy

(27)

[2016] NSWSC 1512

RA Hulme J

 

[2018] NSWCCA 53

Excessive self defence

Shooting - General

VG

(at murder trial - 25% for offer)

 

s.33

(20% offer to place on Schedule)

Significant including violence and weapons offences – breached bond

10y 6m

NPP 7y 6m

 

 

5y 8m

NPP 4y 3m

 

Total:

11y 6m

NPP 8y 6m

AD

Member of gang – took loaded Glock pistol to meeting with estranged associate – shot at associate sitting in car 11 times – wounded associate – shot dead passenger – pre-emptive strike – residential street on Sunday afternoon – circumstances of shooting made it serious - convicted of s.33 offence as alternative to wound with intent to murder

Delay of some relevance

Hart (No. 5)

[2016] NSWSC 1612

Campbell J

Substantial Impairment

Shooting - General

VG

(at murder trial - 20% for offer)

 

7 further offences dealt with under s 168 CPA

Nil

8y

NPP 5y 4m

 

Total:

8y 4m

NPP 5y 8m

 

Shot male V in head with pen gun – argument over drugs – both offender and V worked together as drug dealers –both addicted to drug ice - impulsive, spontaneous act - offender substantially impaired by abnormality of mind arising from stimulant use disorder or substance induced psychotic disorder.

Strong subjective case - very good prospects of rehabilitation - low risk of further offending – special circumstances.

Last Updated: 29.3.2018

 

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